DILIP KUMAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Uddin, learned counsel for the petitioner and Mr. J. Abedin, learned counsel appearing on behalf of the respondent Nos. 1, 3 and 4. None appeared for the respondent Nos. 2 and 5.

(2.) It is the case of the petitioner that he was appointed as a substitute chowkidar in the Public M.E School in Karimganj district for a period of 90(ninety) days w.e.f. 01.01.95 against a leave vacancy of his father and thereafter his services were extended from time to time up to 01.09.1996. Thereafter, the father of the petitioner went on voluntary retirement from service w.e.f. 02.09.1996 and by the order dated 21.01.1998 of the District Elementary Education Officer, Karimganj, the petitioner was allowed to continue in service. Subsequently, on 31.03.2001, the services of the petitioner was adjusted against the vacant post which was earlier held by his father.

(3.) In the meantime, the post which was being held by the petitioner was advertised on 23.05.1998 and pursuant to the said advertisement, the petitioner applied for the said post and appeared in the interview held on 04.11.1998. In the said selection, the Selection Committee selected the petitioner for the said post and the particulars of the petitioner were forwarded to the Director, Elementary Education for its approval. Consequent upon such selection, it is the case of the petitioner that the service of the petitioner was adjusted against the post which the petitioner has been held continuously since 01.01.1995.