SAMBHU PANDEY Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) The petitioner while assailing the decision of termination of his services as lecturer in Hindi of the Pramathesh Barua College, Gauripur (hereinafter referred to as the 'College') has sought for a writ of mandamus to the official respondents to adjust/regularise him against the regular vacancy in the post of Lecturer in Political Science in the same college following the retirement of Smti Reba Baruah in terms of the Government Office Memorandum No. B(2)H-97/2004/98 dated 17.7.2004 of the Education (Higher) Department, Govt. of Assam, Dispur. This Court while issuing notice on 5.6.2006 stayed the operation of the communication dated 27.5.2006 terminating his services. The interim order having been extended thereafter, he as on date, continues in office.

(2.) I have heard Mr. Pallav Bhowmik, learned Counsel for the petitioner, Mr. Manash R. Pathak, learned standing counsel, Education department for the respondent Nos. 1 and 2, Mr. D.C. Mahanta, Senior Advocate assisted by Ms. P. Bhattacharjee, Advocate for the College (respondent Nos 3 & 4) and Mr. A.S. Choudhury, Senior Advocate, assisted by Mr. I. Hussain, Advocate for the respondent No. 5.

(3.) The pleaded versions provide the foundational facts. The petitioner's case is that, he is a Post Graduate in Hindi and thus eligible for appointment as a Lecturer in terms of the relevant norms of the University Grants Commission (hereinafter referred to as the 'UGC'). Being aware of a vacancy in the post of lecturer in the department of Hindi of the College, he offered his candidature on 30.8.99 where after he was appointed as such on 9.11.1999 on temporary basis for a period of three months. He accordingly joined the post on 10.11.99. His initial terms was thereafter extended from time to time. In due course, the authorities of the College decided to initiate a selection process for appointment of a lecturer in the department of Hindi on a consolidated pay. In response to the advertisement published in the issue dated 23.1.2001 of the local daily Assam Tribune to the above effect, the petitioner along with others submitted their candidatures. He was thereafter interviewed by the Board constituted for the purpose and eventually the selection Board forwarded its recommendations where the petitioner topped the list. The Special Body of the College thereafter by its resolution dated 4.3.2001 acting on the recommendations appointed him as the lecturer in the department of Hindi and the appointment order was issued on 19.3.2001 by the Principal and Secretary of the College. There he was recruited against a non sanctioned post on a consolidated pay of Rs. 1000.00 per month.