EMAD UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY making this application under Article 226 of the Constitution of India, the petitioner has sought for issuance of appropriate writ (s) commanding the respondents to pay to the petitioner salary in respect of the post of Assistant Teacher of L. P. School w. e. f. 07. 02. 2001.

(2.) PUT in a nut-shell, the petitioner's case is thus : The Managing Committee of 248 Nayagram L. P. School, Karimganj appointed, on 12. 06. 1996, the petitioner as Assistant Teacher. This appointment, having been approved on 24. 06. 1996, by the Deputy Inspector of Schools, Karimganj, the petitioner started working as Assistant Teacher in the said school. In course of time, on repeated representations made by the petitioner, an order was passed, on 07. 02. 2001 (Annexure 6 to the writ petition) by the then Deputy Inspector of Schools, Karimganj, whereby the petitioner, who had till then been working as honorary teacher in the said school, was adjusted against a post, which had fallen vacant due to retirement of its incumbent, Krishna Mohan Mallah, in 650 Ganga Hindi L. P. School, with explicit direction that the petitioner would receive stipend @ Rs. 1,800/- per month. The order of adjustment, so made, was against a non-plan post. Notwithstanding the said order of adjustment, as the petitioner did not receive any salary, he has come to this Court with the present writ application, seeking reliefs as indicated hereinabove.

(3.) APPEARING on behalf of the petitioner, Mr. A. K. Goswami, learned Senior Counsel, pointing to the judgment and order dated 09. 12. 2004, passed in WP (C) No. 7333/2001, has submitted that in the said case, this Court has held that payment of salary to a Government employee cannot be denied without any justifiable reason. Mr. Goswami has further pointed out that the policy decision of the Government till 29. 09. 2003 had been to approve and regularize the appointment of honorary teachers and since the petitioner's order of adjustment was made, on 07. 02. 2001, against a non-planned post, there is no valid reason for not treating the petitioner's appointment as a regular appointment in the post of Assistant Teacher of lower primary school.