LAWS(GAU)-2009-3-32

ABDUL MOHIM Vs. STATE OF ASSAM

Decided On March 30, 2009
ABDUL MOHIM Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) THE petitioners are the M. E. School Teachers. Their claim in the writ petition is to issue a direction to the respondents to grant annual increments for the period from 1993 to 2003.

(2.) THE petitioners were appointed by Annexure-A series orders dated 19. 6. 2003 as M. E. School Teachers in different Schools. It appears that their appointments were irregular but were adjusted by Annexure-B, C1, C2, C3, C4 and C5 orders dated 7. 3. 2003, 3. 2. 2003, 3. 2. 2003, 3. 2. 2003, 3. 2. 2003, 15. 2. 2003 and 3. 2. 2003 respectively. In the orders itself, it was specifically stated that their irregular appointments had been adjusted with immediate effect. Thus, such adjustments were prospective. Even otherwise also regularization and/or adjustment of irregular services normally become effective prospectively.

(3.) THE petitioners have placed reliance on Annexure-D series orders issued in the year 2001 (12 Feb. , 2001) by which in reference to some Government letters, there services were regularized with effect from the date of joining in June, 1993, so as to claim yearly increments from 1993 to 2003.