(1.) Heard Mr. PJ Saikia, learned counsel for the petitioners. Also heard Mr. N Sarma, learned standing counsel for the Elementary Education Department, Assam
(2.) All the petitioners herein were appointed in their respective LP Schools, while the schools were still in their venture stage and further all of them were appointed as the second founder teacher of their schools. The concerned schools namely Ratneswar Bailung LP School where the petitioner No.1 was appointed, Duwara Gaon LP School, where the petitioner No.2 was appointed, Nabari Dhap LP School where the petitioner No.3 was appointed, Jamakhulla Mazdoor LP School where the petitioner No.4 was appointed, Nimaigarh Petudhara Majdoor LP School where the petitioner No.5 was appointed were all provincialised in the year 1995-1996. At the time when the schools were provincialised, the services of one teacher each of the respective schools were provincialised and in the process, the petitioners being the second founder teachers of the schools were left out from the process of being provincialised.
(3.) The Director of Elementary Education, Assam by his order vide Memo No.EVD.2/94/PTI-I/67 which is undated, but bearing the Memo dated 31.05.1996 of the Senior Finance and Accounts Officer had allotted 7 Nos. of posts of teachers with a monthly stipend of Rs.900 per month and placed the same at the disposal of the Deputy Inspector of Schools, Nazira w.e.f. 01.03.1996. By the said order of the Director contained in the aforementioned order, it was stated that the posts were in pursuance of the Government Letter No.PMA/159/94/8 dated 18.01.1995, it was specifically stated that the posts so allotted were made for the second founder teacher working in the single teacher primary schools which were provincialised in 1995-1996. The conditions stated in the order of the Director for provincialising the second founder teacher was that they must possess the minimum qualification as prescribed by the Government from time to time and initially they would be paid a stipend of Rs.900/- per month and thereafter would be deputed for undergoing the Teachers' Training Course for a period of 1(one) year on priority basis and upon successful completion of the Teachers' Training Course, the services of the concerned teacher would be regularized in the time scale of pay/normalization in due course.