BOREN SARMA Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Strange are the ways, the Education Department, Govt., of Assam acts through its officers. The present proceeding is in respect of the claim of the petitioner for regularization of his service with retrospective effect which has arisen out of purported appointment of the petitioner as Music Teacher as per the endorsement of the Inspector of Schools, Kamrup District Circle, (KDC) Guwahati on the body of the representation made by the petitioner for his appointment as such. There is no separate order of appointment of the petitioner, but it is the endorsement on the body of the representation which is stated to be The appointment order of the petitioner.

(2.) The petitioner by his representation dated 22.04.92 addressed to the Inspector of Schools, KDC, made a prayer for his appointment as Music Teacher in the particular school called Phaguna Rabha High School, Jatia, Guwahati. His representation was forwarded by the Headmaster of the School with the endorsement "Recommended for consideration as Music Teacher is necessary". The endorsement was made on 23.04.92. On the same date the Inspector of Schools, KDC by his following endorsement made to the Headmaster of the School allowed the petitioner to work in the school as Music Teacher. The endorsement is reproduced below:

(3.) In the writ petition the petitioner has stated his educational qualification including the degrees in Music. According to the petitioner pursuant to the aforesaid endorsement of the Inspector of Schools, KDC, he joined the school on 23.04.92 and has been serving in the school since then as Music and Science Teacher. However, he has not been paid bis salary. According to the petitioner the post of Music Teacher is in existence, but he has not been appointed against the said post by the respondents. Time to time representations made by the petitioner having not yielded any result, he approached this Court by filing a writ petition being CR No. 2763/94 claiming regularization of his service.