ANANTA KUMAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri B. P. Borah, learned counsel for the petitioner. Also heard Shri N. Sarma, learned standing counsel appearing on behalf of the respondent Nos. 1 and 2; Shri J. Chutia, learned standing counsel, Karbi Anglong Autonomous Council, representing respondent Nos. 3 to 6; Shri G. P. Bhowmik, learned senior counsel assisted by Ms. M. Kalita, learned counsel appearing for respondent No. 7; and Shri S. Sarkar, learned counsel appearing on behalf of the respondent No. 8.

(2.) The facts, in brief, is that the petitioner was appointed as the Headmaster of the No. 2 Guhagaon L. P. School at Hawaipur in the District of Karbi Anglong on 01.01.1988 and he was the founder Headmaster. He served the school for more than two decades when he had taken medical leave. It is the case of the petitioner that when he had come to rejoin the service, he was not allowed to do so. At that juncture, the petitioner had filed a writ petition before this Court which was registered as WP(C) 2207/2013, with the grievance that he was not allowed to join his service. The aforesaid writ petition, on being duly contested, was disposed of by this Court vide judgment, dated 13.06.2014, holding that no relief could be granted to the petitioner in absence of any specific challenge to the order of termination of his service and the order of appointment of the respondent No. 8 and accordingly, the writ petition was dismissed. Learned counsel submits that from the pleadings pertaining to the said writ petition, it came to light that the petitioner was terminated from his service and the respondent No. 8 was appointed in the said school as an Assistant Teacher.

(3.) After dismissal of the aforesaid writ petition, the present writ petition has been instituted challenging, inter alia, that the termination order dated 17.09.2009 as well as the resolution dated 16.09.2009 of the managing committee leading to passing of the termination order. The petitioner also challenges the appointment order dated 28.10.2009 of the respondent No. 8.