SUNANDA GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A. Sarma, learned counsel appearing on behalf of Mr. U. K. Nair, learned counsel for the petitioners. Also heard Mr. A. K. Goswami, learned senior counsel who appears for respondent Nos. 2, 3 and 4 and Mr. B. D. Das, learned counsel appearing for the respondent No. 5. None appears for the respondent Nos. 6 to 16.

(2.) THE petitioners, 13 in numbers were serving as teachers (whose services stood terminated) in various schools within the jurisdiction of the Karbi Anglong Autonomous Council (KAAC), are before this Court to challenge the orders passed by the respondent authorities, regularizing the services of the private respondents and others, who were appointed by the KAAC authorities without any advertisement and without any selection process. The petitioners have furnished through their rejoinder affidavit a list (Annexure R-3 Series) of 160 Assistant Teachers and a second list of 107 ME/mv School Teachers who were given appointment through pick and chose basis by the KAAC authorities and in some of whose favour, regularization orders have also been issued. These appointments and subsequent regularization have been made since April 2004.

(3.) AS their services were not extended from February 2002, the petitioners filed W. P. (C) No. 3141/2002 and W. P. (C) No. 3192/2002 praying for appropriate orders to enable them to continue in their services as well as for disbursal of their salary. After the interim order was passed by the Court on 17. 5. 2002 directing the respondent Council not to replace the ad-hoc appointees by another set of ad-hoc appointees and also for payment of their current and arrear salaries, a resolution was adopted on 17. 5. 2002 by the Executive Committee of the KAAC authorities, whereby decision was taken for annulling the services of the ad-hoc appointees with a further resolution to start a proper selection process for making selection on regular basis to the posts held by them.