JAYANTA BARUAH Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) (Oral) - In this application under Art. 226 of the Constitution the petitioner has prayed for a direction on the respondents to pay his salary for the period from Oct., 1995 with interest @ 20% per annum from the date of accrual till the payment is made.

(2.) The facts briefly are that by order dated 28.4.95 the Deputy Inspector of Schools, Dhemaji appointed the petitioner with effect from 18.1.95 as Assistant Teacher on a monthly stipend of Rs.900.00 per month. In the said order of appointment it is further stipulated that the petitioner will be deputed for undergoing teachers training for one year and after he becomes successful in the training, he will be given the regular time scale of pay as prescribed POR Rules, 1990 plus other allowances admissible under Rule from the date of announcement of result. Pursuant to the said order of appointment the petitioner joined as Assistant Teacher of Rupahipathar LP School on 10.6.95. However, one Sri Juganta Deori was also appointed as Assistant Teacher. The Deputy Inspector of Schools, Dhemaji on coming to learn about the appointment of the two persons to the very same post of Assistant Teacher, stopped payment of salary to the petitioner as well as Sri Juganta Deori. Thereafter an inquiry was conducted by the Block Elementary Education Officer, Dhemaji and report dated 29.9.96 submitted by him to the Deputy Inspector of Schools, Dhemaji stating that the appointment of the petitioner as 2nd founder teacher by the Deputy Inspector of Schools, Dhemaji was found valid on verification of certificates and documents. On receipt of the said report dated 29.9.95 of the Block Elementary Education Officer, Dhemaji the appointment of the petitioner as 2nd founder teacher in Rupahipathar LP School was upheld and the appointment of the said Juganta Deori has been cancelled by the order dated 25.10.95 of the Deputy Inspector of Schools, Dhemaji. In the meantime, the petitioner was paid his salary for the months of June, July, Aug. and Sept., 1995, but his salary from Oct., 95 onward was not paid. On these facts the petitioner has moved this Court for appropriate relief.

(3.) Mr. AK Maheswari, learned counsel for the petitioner submitted that the salary of the petitioner perhaps was not paid from Oct., 95 on account of appointment of the petitioner as well as Sri Juganta Deori in the same post of Assistant Teacher. But in view of clear report of the Block Elementary Education Officer, Dhemaji dated 29.9.96, the Deputy Inspector of Schools, Dhemaji upheld the appointment of the petitioner and cancelled the appointment of said Sri Juganta Deori vide his order dated 25.10.95. Hence, there should be no further difficulty on the part of the respondents to pay the salary to the petitioner for the period from Oct., 95 onwards. He stated that as a matter of fact the said Sri Juganta Deori had filed a Civil Rule No.612 of 1997 before this Court and by order dated 10.2.97 this Court disposed of the said civil rule with a direction to the petitioner to prefer an appeal before the Director of Elementary Education, Assam and the Director of Elementary Education, Assam was directed to hear the said Sri Juganta Deori as well as the writ petitioner and pass appropriate orders in accordance with law. Pursuant to the said order dated 10.2.97 of this Court the Director of Elementary Education, Assam considered the case of the writ petitioner as well as Sri Juganta Deori and held that the Deputy Inspector of Schools, Dhemaji had cancelled the appointment of Sri Juganta Deori and allowed the writ petitioner to continue his service with effect from 25.10.95 and therefore Sri Juganta Deori cannot be considered for regularisation of service as 2nd founder teacher in Rupahipathar LP School.