BISWA RANJAN KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Dewan, learned counsel for the petitioners. Also heard Ms. R Roychoudhury, learned Standing counsel, Education, Elementary Department, Assam and Mr. P Nayak, learned Standing counsel, Finance Department.

(2.) The petitioners were all appointed as Assistant Teachers by the District Elementary Education Officer, Bongaigaon in the year 1993-1994 against certain newly created post on the basis of a selection held by the Sub-Divisional Selection Board, North Salmara, Abhayapuri.

(3.) The petitioners had received their salary for the first 3(three) months i.e., till May 1994. Thereafter an issue had arisen as to whether the appointment of the petitioners were made by following due procedure of law or not. Accordingly the case of the petitioners were referred to the Manoharan Committee which was constituted to conduct an enquiry on the allegations of illegal appointment and irregular appointment of the teachers, as well as of excess appointments made in the LP/ME/MEM/HS/HSS in respect of the State of Assam during the period 01.01991-30.11.1996. Accordingly after the case of the petitioners were referred to the Manoharan Committee, the Director of Elementary Education, Assam had issued an order dated 30.01.2006 wherein it has been provided that on being enquired by the one man enquiry Committee headed by Sri S. Monoharan, IAS and subsequently by the Task Force /District Level Screening Committee/Departmental Screening Committee, the services of 125 teachers of ME/MEM/MV teachers working in the Bongaigaon district were regularized w.e.f. from the date of joining against the vacant posts as per the list enclosed therein. According to the enclosed list, the names of the petitioners appear in the following order as below: