MUKUNDA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. K. K. Mahanta, learned counsel for the appellant. Also heard Ms. P. Bhattacharjee, learned counsel for the respondent Nos. 4 and 5 and Mr. V. M. Thomas, learned Standing Counsel, Education Department. Aggrieved by a common judgment dated 20. 3. 08 in four writ petitions the unsuccessful writ petitioner in WP (C) No. 6266/07 preferred the present appeal.

(2.) BRIEFLY stated, the appellant was initially appointed on 22. 8. 05 as a Lecturer in the 4th respondent's college. The college employed number of teachers and non-teaching staff. It is a college purely run by private individuals.

(3.) THE appellant admittedly was recruited by the 4th respondent management against one of those "non-sanctioned" posts. All the four writ petitions which came to be dismissed by virtue of the judgment under appeal deal with various facets of the grievance. The grievance of the appellant is in connection with his claim to be adjusted against a "sanctioned post" which fell vacant subsequent to the recruitment of the appellant against a "non-sanctioned" post. The further details of each one of the four writ petitions may not be necessary for the purpose of the present appeal. The appellant's claim is based on a memorandum of the State of Assam dated 17. 7. 04 issued by the Secretary to the Government of Assam, Education Department. From the body of the memorandum it appears that such a memorandum was issued pursuant to a Cabinet decision dated 9. 6. 04. Though the memorandum clearly does not say so, it appears in the context of the above mentioned facts that it is a memorandum issued by the State in exercise of the executive powers under Article 162 of the Constitution of India.