STATE OF ASSAM Vs. USHA RANI GOSWAMI

JUDGEMENT

(1.) This intra court appeal by the State Government is directed against the order dated 10.3.2011 passed by the learned Single Judge of this High Court whereby he has allowed Respondents' WP(C) No.5286/2004.

(2.) In 1993 and 1994, thousands of Assistant Teachers were appointed in various Middle English Schools without there being sanctioned posts. Large number of such appointments were made without any selection and some were made after selection. But whether the procedure of selection was in accordance with the rules is really not known. Also, though the Assistant Teachers, after their appointments, joined their respective schools and worked there for many years, they were not paid any salary. This resulted into chaos like situation in the State. The aggrieved teachers approached the Court for a direction against the State Government to regularize their services and also for payment of salary. The matter was eventually taken up by the Manohoran Committee which had been entrusted with the duty to inquire into the appointments of teachers all over the State. The Committee in its report categorized the appointments of Assistant Teachers made after selection procedure as irregular irrespective of the fact that those appointments were against non -sanctioned posts. Having regard to the report of the Committee, a Cabinet decision was taken by the State Government to regularize the services of Assistant Teachers, whose appointments were irregular, on a condition that they will not claim arrears of salary of their past services. On the agreement of this condition, Assistant Teachers, whose appointments were categorized as irregular, were made regular from the month of August, 2005.

(3.) Later, some such Assistant Teachers filed WP(C) No.5705/2010 and claimed arrears of salary for the period they had worked prior to the date of their regularization. A learned Single Judge of this Court, after hearing the petitioners therein dismissed the petition on merits by a reasoned order dated 3.11.2010.