INTAJUR RAHMAN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. M.H. Rajbarbhuiya, learned counsel for the petitioner. Also heard Mr. R. Baruah, learned Standing Counsel, Secondary Education Department appearing on behalf of respondent nos. 1, 2 and 3 as well as Mr. P. Nayak, learned Standing Counsel, Finance Department.

(2.) THIS is the third round of litigation between the parties whereby the petitioner has approached this Court ventilating his grievances arising out of non-payment of arrear salary and allowances to the petitioner for the earlier period of service rendered by him.

(3.) THE brief factual background of the case is that the petitioner was initially appointed as a L.D. Assistant in the scale of pay of Rs. 1065-2095/- per month and posted at the Banskandi N.M.H.S. School in the Cachar District under an order issued by the Director of Secondary Education on 09.11.1994. The appointment of the petitioner was initially for a period of 3 (three) months and the same was extended from time to time by orders issued by the Inspector of Schools, Cachar, permitting the petitioner to continue till the post was filled up on regular basis. Although, the petitioner had discharged his duties as an L.D. Assistant without any break in service, yet, he has received his salary for the period of 12.11.1994 to 31.05.1996 and thereafter for the month of March, 1997. The petitioner has not received salary for the remaining period of service rendered by him in the Banskandi N.M.H.S. School, apparently on account of non-retention of the post by the Government on having found that the said post was in excess of the sanctioned post.