PRAFULLA KR. KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. I.A. Talukdar, learned Counsel for the petitioner in the first two writ petitions as well as Mr. N.N. Karmakar, learned Counsel for the petitioner in the third writ petition. I have also heard Mr. M.R. Pathak, learned Standing Counsel, Education Department. Since the issue raised in the writ petitions is one and the same, the writ petitions have been heard analogously and are being disposed of by this common judgment and order.

(2.) IN the 1st writ petition, the challenge made is against the order dated 6.7.2001 (Annexure -D) and the order dated 6.5.2003 (Annexure -E). By the 1st order, the upgradation of the petitioner as Assistant Teacher from that of the substantial Grade of Lower Division Assistant (LDA) was withdrawn and by the 2nd order, the post in which the petitioner was upgraded, was filled up by the respondent No. 6 by way of adjustment of his service as Assistant Teacher. Be it stated here that the respondent No. 6 was a dropped teacher as his service was not provincialised at the time of provincialisation of the school in which he had been working.

(3.) IN the third writ petition, the petitioner, who is Grade -IV employee (Laboratory Bearer) has prayed for a direction to the respondent to appoint him as Assistant Teacher in terms of the letter dated 28.6.1993 (An -nexure -4). For a ready reference, the Annex -ure -4 letter dated 28.6.1993 is quoted below: