MD. SAHJAHAN ALI AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.N. B. Choudhury, learned counsel for the petitioner, Mr. M. Khataniar, learned Standing Counsel for BTC and Mr. N. Sarma, learned Standing Counsel for the Education Department.

(2.) The petitioner was appointed as the second founder teacher of the Arnibil Milan L.P School, when the said school was still in its venture stage. The petitioner was appointed by the Managing Committee of the school by its resolution dated 04.01984. Subsequently, when the required inspection was carried out by the Inspector of Schools, Nalbari, the name of the petitioner appeared in the report.

(3.) The said Arnibil Milan venture L.P School was provincialised as per the order dated 15.01995 of the Director of Elementary Education, Assam and it was provincialised w.e.f. 01.01.1995. But as the respondent authorities had not taken any steps for provincialising the service of the petitioner and one Naibur Rahman at the time of issuing the order of provincialisation, the petitioner as well as the said Naibur Rahman preferred a writ petition before this Court being CR No.4900/1995. By the order dated 08.01996, the said writ petition was disposed of with a direction to the Director of Elementary Education, Assam to make an enquiry regarding the averments made in the writ petition and thereupon pass appropriate orders on their prayer for appointment. Consequent thereof, the aforesaid Naibur Rahman was appointed on a monthly stipendiary basis by the order dated 16.12.1999.