MD. AYNUL HAQUE S/O MD. JAFAR ALI VILL & P.O. RAMPUR DIST. NALBARI, ASSAM Vs. THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY, DEPARTMENT OF EDUCATION, ASSAM, DISPUR, GUWAHATI

JUDGEMENT

(1.) Heard Mr. H.A. Ahmed, learned counsel for the petitioner. Also heard Ms. A. Bora, learned Standing Counsel, Secondary Education Department appearing for State respondent Nos. 1 to 4 and Mr. D. M. Khan, learned counsel for the respondent No.5.

(2.) Janata High School, Rampur in the district of Nalbari is a provincialised High School. In spite of being a provincialised High School, the School Managing Committee of said Janata High School on 30.05.2004, of its own resolved to appoint the petitioner in the post of LDA in the said school on honorary basis and accordingly the Headmaster cum Secretary of said provincialised High School on 24.06.2004 issued an appointment order to the petitioner. Pursuant to the same, the petitioner joined his service and it is stated that the then Inspector of Schools, Nalbari District Circle, Nalbari by his order under Memo No. EST-3/145/06/5548-53 dated 28.02.2006 temporary allowed the petitioner to draw salary in the scale of pay of Rs. 2890.00 plus other allowances as admissible under the rules with effect from 01.02.2006 against a post that fall vacant due to expiry of one Dipak Das, Lower Division Assistant of another School, namely, Kumarikata Higher Secondary School or till the appointment of L.D.A. made against the said vacancy in the Kumarikata H. S. School, whichever is earlier. However, after receipt of salary for about three months, the concerned Treasury Officer raised objection of the bill of the petitioner and since then the salary of the petitioner was stopped.

(3.) In this petition the petitioner has prayed for his appointment as L.D.A. and to adjust him against the vacant post in Lachima High Madrassa considering his service as L.D.A. in Janata High School, Rampur without any break and to release his salary w.e.f. July, 2006. The contention of the petitioner is that he was appointed in Janata High School on need basis and that the State respondents had knowledge about the same. With regard to the payment of salary, the petitioner has placed a copy of the judgment of Division Bench of this Court in the case of State of Manipur and others Vs. State Land Use Board Casual Employees' Association and another reported in 2007 (1) GLT 409 as well as Thokchomapabi Singh & others Vs. State of Manipur & others reported in 2015 (4) GLJ (NOC) 427. The petitioner has also submitted that the State respondent earlier regularised such L.D.A. appointed by the SMC sin provincialised High School.