BIDHAN CH NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. N Saikia, learned counsel appearing for the appellant. Also heard Mr. SK Ghosh, learned Standing Counsel, Secondary Education Department, appearing for respondent Nos.1, 3 and 4 and Mr. P Nayak, learned Standing Counsel, appearing for respondent No.2.

(2.) By filing this intra-Court appeal, the appellant has called into question the order dated 10.7.2018 passed by the learned Single Judge in WP(C) 3401/2017 whereby the writ petition preferred by the appellant was dismissed. In the said writ petition, the appellant had prayed for quashing of the order dated 24.3.2017 issued by the Director of Secondary Education, Assam whereby the claim of the appellant for grant of graduate scale of pay was not favourably considered. The aforesaid order dated 24.3.2017 was passed pursuant to an order of this Court dated 24.11.2016 passed in a writ petition instituted earlier by the appellant, which was registered as WP(C) 2021/2012, requiring the Director of Secondary Education to consider the case of the appellant for grant of graduate scale of pay.

(3.) The appellant has, in the meantime, retired from service on 31.12.2014 as a Music Teacher in Madan Mohan Madhab Charan Girls' Higher Secondary School (for short, MMMC Girls' School), Karimganj. The school was provincialised on 1.10.1977. A perusal of the materials on record indicates that the Managing Committee of the School had appointed the appellant by a resolution being Resolution No.6 adopted on 19.7.1991 as an honorary Music Teacher (instrumental). The resolution No.6 of the Managing Committee goes to show that there was no sanctioned vacant post of Music Teacher for appointment of the appellant and therefore, he was appointed in honorary capacity. It also appears from the said resolution that there was no advertisement for appointing a Music Teacher on honorary basis and the appointment was made to the appellant as he was willing to serve on honorary basis.