MERUNJYOTI BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against order dated 16.9.2014 passed by the learned Single Judge of this High Court whereby he has dismissed appellant's WP(C) No. 4703/2014 on the ground of delay and laches.

(2.) The appellant was initially appointed as Honourary Teacher of Barajol High School in the year 1998 against the quota reserved for the sons and unmarried daughters of retired Headmasters. But when he was not given regular appointment despite representations, he approached this Court by filing WP(C) No. 3924 of 2001 which was disposed of vide order dated 4.6.2001 directing the respondents to consider and decide his representation. Pursuant to order dated 4.6.2001, respondent authorities vide order dated 22.5.2002 appointed the appellant as Assistant Teacher of Barajol High School purely on temporary basis. Later by order dated 3.8.2005, the appointment of appellant was regularized against the vacancy caused by the retirement of one teacher of that school but without giving him any salary. The appellant was therefore again constrained to file WP(C) No. 1860 of 2007. Even this writ petition was disposed of vide order dated 11.4.2007 with a direction against the respondents to submit the case of appellant before the concerned Committee for its examination within a period of six months. The appellant was also given liberty to approach the Court if he was dissatisfied with the decision taken by the Committee.

(3.) The case of appellant was finally decided against him by the Committee on 22.7.2014 on the ground that he was not eligible to get any pay. The appellant having regard to the liberty granted to him vide order dated 11.4.2007 again filed WP(C) No. 4703 of 2014, which the learned Single Judge has dismissed on the ground of delay and laches. The learned Single Judge has held that if the authorities had not decided the case of appellant within six months, he ought to have immediately approached the Court instead of waiting for the final decision.