SUBARNA TAMULI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS writ petition has been filed praying for a direction to the respondents to appoint the petitioner as Lower Division Assistant (LDA) in the school in question. Such a prayer has been made on the basis of the selection of the petitioner for one of the two posts advertised.

(2.) THE petitioner was first appointed in the school namely Meragarh Narayan Dev Higher Secondary School, Majuli by Annexure-1 order dated 8. 12. 1981 issued by the Inspector of Schools, Jorhat District Circle, Jorhat. Such appointment was against a leave vacancy. She worked against the vacancy upto 30. 11. 1982. In 1992 (8. 10. 1992), one Sri Pradip Saikia (respondent No. 6), was allowed to act as LDA on honourary basis subject to approval by the Development Committee of the School and the Government. The matter relating to appointment of said Sri Saikia came up for discussion before the Development Committee in its meeting held on 2. 1. 1993 and in the meeting it was resolved to cancel the appointment and accordingly, said Sri Saikia was intimated by letter dated 6. 1. 1993.

(3.) AFTER the aforesaid cancellation of appointment of the respondent No. 6, the petitioner was asked to work as Typist in the school as and when occasion for engagement arose. In the meantime, the school authority sent a proposal to the government for sanctioning a post of LDA. A sanctioned post of 1991 was allotted to the school in 1994. After such allotment of the post, the petitioner was allowed to work against the same. She was formally appointed by order dated 5. 2. 1994 limiting the same for three months. While she was continuing as such, her service was terminated and in her place the respondent No. 6 was appointed by order dated 14. 2. 1995 and the same was stated to be pursuant to the order dated 8. 1. 1995 passed by this Court in the writ petition being Civil Rule No. 99/1994 filed by the respondent No. 6.