ANANDA RAM LAHARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. BC Choudhury, learned counsel appearing for the petitioner and Ms. A Bora, learned standing counsel for Secondary Education Department for the respondent Nos. 1 and 2. Also heard Mr. M Khataniar, learned standing counsel for BTC.

(2.) The petitioner submitted that since he is serving till date as LDA in the said Barbari Nehru High School, therefore prayed for a necessary direction to the respondent for regularisation of his service as LDA in the sanctioned post of LDA that is lying vacant in the said school.

(3.) Mr. M.K. Khataniar, learned standing counsel BTC submitted that the petitioner was initially appointed as LDA on fixed pay of Rs. 1200/- per month out of the then Bodoland Autonomous Council (BAC) fund under a particular scheme, that was subsequently discontinued. Mr. Khataniar placed before the Court that the authorities of erstwhile BAC while approving the New Education Policy of BAC neither followed the existing Educational Policy of the Central Government nor that of State Government of Assam and therefore, the authorities of Bodoland Territorial Council (BTC) on 12.10.2004 took a resolution to terminate the services of all such including the LDAs like the petitioner appointed under BAC Scheme as no posts were sanctioned by the State Government as such BTC is not liable to pay the salaries of such non-existent, non-sanctioned post. Mr. Khataniar has also pointed out before the Court that the petitioner herein has not denied the fact that his appointment was under a scheme of the erstwhile BAC authorities which was discontinued and against non-existent and non-sanctioned post.