STATE OF ASSAM Vs. MANOJ KONWAR

JUDGEMENT

(1.) The instant writ appeal by the appellants is directed against the judgment and order dated 16.12.2016 passed by the learned Single Judge in the writ petition, W.P.(C) No. 763/2013, and the order dated 09.06.2017 passed in the review application, Review Petition No.67/2017. By the judgment and order dated 16.12.2016, the learned Single Judge had directed the State respondents therein, the appellants herein, to release the regular pay scale to the 29 writ petitioners, who are impleaded as party-respondent Nos. 1 to 29 in the instant appeal, as Graduate Teachers of High Schools w.e.f. the dates of their respective joining. It was further directed that in the event of failure to pay the pay scale of the writ petitioners within a period of four months from the date of receipt of a certified copy of the order, the arrear amount would carry interest @ 6% per annum to be recovered from the erring officials. The review application preferred by the appellants, Review Petition No. 67/2017, seeking review of the afore-mentioned judgment and order dated 16.12.2016 was dismissed by the order dated 09.06.2017.

(2.) We have heard Mr. D. Mozumder, learned Additional Advocate General, Assam for the appellants as well as Mr. P.K. Goswami, learned senior counsel assisted by Mr. P.J. Saikia and Mr. R.S. Mishra, learned counsels appearing for the respondent Nos. 1 to 17 and 19 to 29. Also heard Mr. R. Dev, learned counsel for the respondent No. 18.

(3.) Before proceeding further, a brief narration of the relevant facts leading to the institution of the writ petition appear to be necessary. By an advertisement published in the English daily newspaper, "the Assam Tribune" in its issue dated 28.12.1996, applications were invited for filling up vacancies of 1000 posts of Graduate Teachers in the provincialised High Schools/Higher Secondary Schools and 200 posts of Subject Teacher in the Higher Secondary Schools in various districts of Assam. The advertisement specified the conditions of eligibility as well as the procedure of selection. The advertisement further mentioned that the scale of pay for the post of Graduate Teacher would be Rs. 1,375 3,375.00 per month. The 29 respondents, all hailing from the district of Sivasagar, having found themselves eligible, applied for the post of Graduate Teachers in response to the said advertisement by depositing the application fee through treasury challans. The 29 respondents, thereafter, appeared in interview before the District Level Selection Board, Sivasagar (the Board, in short). By a W.T. Message dated 25.03.2001 issued by the Secretary to the Government of Assam, Education Department, all the Inspectors of Schools (except two hill districts) and the Director of Secondary Education Assam were, inter-alia, informed that the ban on appointment of teachers only had been lifted with immediate effect in respect of vacant posts of High Schools/High Madrasas and Higher Secondary Schools. It was further instructed that the selection should be made out of the candidates who had applied with treasury challans and no new applications would be called for. Appointments against the vacant posts of Graduate Teachers would be made from the selected candidates who had the requisite qualifications and who had applied earlier. It was made clear that appointment of selected teachers would be made on a fixed pay of Rs. 2,500.00 per month for Graduate Teachers of High Schools and High Madrasas and Rs. 4,300.00 per month for Subject Teachers of Higher Secondary Schools till completion of training, by maintaining the prescribed reservation. Specifying the prescribed percentage of marks for the two categories of teachers, direction was made to post the teachers against the existing vacant posts. It was further mentioned that district-wise number of vacancies to be filled, up would follow. The validity of the list of selected candidates who had applied with treasury challans earlier, was extended upto 31.03.2001. Thereafter, the 29 respondents and others came to be appointed as Assistant Teacher (Graduate) in different High Schools/Higher Secondary Schools in the district of Sivasagar at a fixed pay of Rs. 2,500.00 per month on various dates from 27.03.2001 to 31.03.2001, in terms of the aforesaid W.T. Message dated 25.03.2001. When the 29 respondents and other similarly appointed Assistant Teachers were discharging their duties on fixed pay basis, the Inspector of Schools, Sivasagar District Circle issued a communication on 30.07.2001 to the effect that the Government of Assam, Education Department had cleared only 24 number of Assistant Teachers and 193 appointments were found irregular. Accordingly, 24 Assistant Teachers were retained and appointments of remaining 193 teachers were terminated.