ABDUL KALAM BORBHUYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal by the unsuccessful writ petitioner has been preferred against the judgment and order dated 6.9.05 passed by the learned Single Judge in WP(C) No. 5824/ 2003 dismissing the writ petition wherein the orders dated 30.6.99 and 19.8.99 issued by the Director of Elementary Education, Assam and Deputy Inspector of Schools, Silchar, respectively, terminating the services of the writ petitioner were challenged.

(2.) The facts in brief is that the petitioner was appointed as Assistant Teacher in No. 856 Digorkhal L.P. School by the Deputy Inspector of Schools, Silchar vide order dated 3/10/90, without there being any advertisement and selection as required under the Rules. As the petitioner was not paid his salaries pursuant to the said appointment, a writ petition being Civil Rule No. 127/94 was filed by him which was disposed of vide order dated 26/11/98 with a direction to the Deputy Inspector of Schools, Cachar Silchar and the Block Elementary Education Officer, Katigharah Block, Cachar, respondent Nos. 3 and 4 therein, to make an enquiry and pass necessary order relating to the payment of salary. An enquiry pursuant to the direction issued by this court was made, where after the District Elementary Education Officer vide communication dated 26.6.99 informed the Director of Elementary Education, Assam, that the petitioner was appointed as Assistant Teacher against the vacancy caused due to retirement, without any selection and pursuant to which he joined his service on 1/11/90 and continued upto 10.11.90 and put his signatures in the Attendance Register but thereafter he was not allowed to sign the Attendance Register on and from 11.11.90, as per instruction of the Block Elementary Education Officer. In the said communication it has further been informed that as his services were not terminated, he was attending his duties in the School. The Director of Elementary Education, Assam thereafter vide order dated 30/6/99 directed the Deputy Inspector of Schools to terminate the services of the petitioner immediately and to pay his salary for the period in which he has rendered services, by holding that the petitioner was appointed without any selection and approval by the Advisory Board. Consequently the Deputy Inspector of Schools, Silchar by order dated 19.8.99 terminated the services of the petitioner as Assistant Teacher of No. 856 Digorkhal L.P. School. The appellant being aggrieved by the said orders dated 30.6.99 and 19.8.99 filed the writ petition which has, however, been dismissed by the learned Single Judge vide judgment and order dated 6.9.05. Hence the present appeal.

(3.) I have heard Mr. M. U. Mahmud, learned counsel for the appellant as well as Mr. A. Deka, learned Standing counsel, Education Department appearing on behalf of the respondents.