MUSARAF HUSSAIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners seek annulment of the resolution dated 22. 11. 2006 of the District Level Selection Committee, Cachar, recalling its earlier decision for utilization of 116 posts of L. P. School Teachers to accommodate persons in compliance of the orders of this Court as well as the consequential letter dated 13. 12. 2006 issued by the District Level Education Officer, Cachar District, Silchar. A writ of mandamus has also been prayed for directing the respondents to adjust their services against the aforementioned posts.

(2.) I have heard Mr. D. K. Das, learned Counsel for the petitioners and Mr. U. K. Goswami, learned Standing Counsel, Education Department, for the respondents. Also heard Mr. Sarma, learned Counsel for the respondent No. 7.

(3.) THE Deputy Inspector of Schools, Cachar, subsequent thereto by orders dated 22. 2. 2001 appointed them in the aforementioned capacity against regular substantive capacities in various L. P. Schools as set out in the petition. Their grievance is that though they had been rendering devoted and unstinted services their salary was not paid inspite of several representations. They, therefore, approached this Court with W. P. (C) 5088/2001 which was disposed of on 27. 9. 2001 requiring the Director of Elementary Education, Assam, to enquire into the issue and pass appropriate orders for payment of salary to them in case they were found entitled thereto in law. As the respondents were found failing to comply with the aforementioned direction, the petitioners instituted a contempt proceeding being Contempt Case No. 84/2002 in which it was contended on behalf of the respondents that the appointments of the petitioners were not as per law and that therefore they were not entitled to their salary.