Decided on January 28,2020

Sujata Deb Roy Appellant


MOHAMMAD RAFIQ,CJ. - (1.) This writ petition under Article 226 of the Constitution of India has been filed by Smti. Sujata Deb Roy challenging the order dated 06.11.2014 passed by the respondent no.2, whereby the proposal of respondent no.3 Managing Committee of the Umpling (R) Lower PrimarySchool,Shillong, Meghalaya, for her appointment on regular basis against clear vacant post has been turned down. Further prayer is made for a direction to the respondents to approve the appointment of the petitioner made on 05.04.2004 as regular Teacher.
(2.) Facts of the case, briefly stated, are that the petitioner was appointed as Assistant Teacher on temporary basis with the respo-ndent no.3 on a consolidated pay of Rs. 1000/- per month. The petitioner was from time to time granted piecemeal increments inasmuch as she is currently in receipt of consolidated pay of Rs.2500/-per month. The respondent no.3 is running the school under the deficit scheme of the State with a sanct-ioned staff of six regular teachers. After retir-ement of senior most regular teacher in the sanctioned strength, the respondent no.3 vide adverti-sement dated 11.3.2014 published in the Shillong Times, Shillong, invited applications from deserving candidates for appointment on regular basis. The petitioner also applied for the post. After completion of the selection process, she stood at serial no.1 in the merit. Her name was forwarded to the respondent no.2 -Sub Divisional School Education Officer, East Khasi Hills, Shillong, for approval, which, however, was refused by the impugned order on the premise that the petitioner has become overage, according to the petitioner, the respondent no.1 in the past in similar cases ignoring the upper age of the serving senior most temporary teachers, approved their appointment as regular teacher as a matter of course. The petitioner filed the present writ petition. A learned Single Judge of this Court vide judgment dated 1.6.2016 set aside the order dated 6.11.2014 issued by the Sub Divisional School Education Officer, Shillong, disapproving the proposal for appointment of the respondent no.1 Smti. Sujata Deb Roy (petitioner herein) on the post of Assistant Teacher in Umpling (R) Lower Primary School on the ground of her being over-age, and directed the respondents to issue "confirmation letter" of service in her favour. The respondent no.4 Smti. Manju-sree Dutta, who was not a party to the writ petition, filed appeal (WA No.16 of 2017) against the aforesaid judgment with the leave of the Court before the Division Bench. The Division Bench of this Court, while setting aside the judgment of the Single Bench, allowed the appeal and restored the writ petition for reconsideration by the Single Bench by directing impleadment of appellant Smti. Manjusree Dutta as respondent no.4 with liberty to her to file counter affidavit and also with liberty to the petitioner to submit additional affidavit or to seek amendment of the writ petition as may be advised. It may be significant to note that the petitioner and the respondent no.4, who filed the appeal against the earlier judgment of the Single Bench earlier passed in the present matter, were working as Assistant Teachers on temporary basis in the same school at the time of issuance of the advertisement. While the petitioner was placed at serial no.1 in the merit list, the respondent was placed at serial no.2. The respondent no.3 forwarded the name of the petitioner to the concerned authority for approval.
(3.) It is this writ petition, which was revived pursuant to order of remand of the Division Bench, which was dismissed by learned Single Bench by impugned judgment.;

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