NURUL ISLAM Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 05. 07. 2006 passed in the writ petition being W. P. (C) No. 232 (SH)/2004. The writ petition was filed by the present appellant with the following prayer. "in the premises aforesaid it is most respectfully prayed that your Lordship would be graciously pleased to issue Rule, call for the records and after hearing the parties be pleased to issue a writ in the nature of Mandamus directing the Respondents to provide the salary/emoluments of the staff of the Inspector of Schools to the petitioner as he has the status of Government Head Master. "

(2.) THE writ petition was filed on 17. 08. 2004 and five months thereafter the petitioner retired from service on attaining the age of superannuation on 31. 01. 2005. Now the claim of the petitioner/appellant is for pensionary benefits treating his service as Government service.

(3.) THE petitioner while was working as Assistant Teacher of the School called Bhaitbari Deficit Upper Primary Madrassa, he was temporarily upgraded to the post of Headmaster vice one Late Surat Zaman, headmaster expired. For a ready reference the order of upgradation dated 21. 09. 1999 (Annexure-1 to the writ petition) is quoted below :