LAWS(GAU)-2016-4-63

PRADIP KUMAR SARMA Vs. STATE OF ASSAM

Decided On April 01, 2016
PRADIP KUMAR SARMA Appellant
V/S
STATE OF ASSAM; DIRECTOR OF SECONDARY EDUCATION; INSPECTOR OF SCHOOLS; TREASURY OFFICER Respondents

JUDGEMENT

(1.) The sole question, which calls for consideration in this writ petition, is whether, on the facts and circumstances of the case, the petitioner is entitled to payment of regular salary, past and present, in the post of Assistant Teacher of P.B. Dhirdatta Higher Secondary School with effect from January, 2006

(2.) The facts of the case are hardly in dispute. The petitioner was admittedly included in the select list dated 8-8-1998 prepared by the District Level Selection Board for the post of Assistant Teacher in respect of Nalbari District. The relevant portion of his appointment order dated 30-10- 1998 issued by the i/c Inspector of Schools, NDC, Nalbari is in the following terms:

(3.) Subsequently, by the order dated 11-5-1999, he was allowed to draw his salaries in the scale of pay of Rs. 3,580-8750/- plus other allowances as admissible under the rules with effect from the date of joining. As this order is likely to throw light of the nature of appointment of the petitioner, the relevant part of the said order is reproduced herein below: