RAMIZ AHMAD BARBHUYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. B.C. Das, learned senior counsel appearing for the appellant. The Education Department and its officials are represented by its standing counsel, Mr. A. Deka. The appellant claims that he participated in a process of selection for appointment to the posts of teacher in Middle English (M.E.) schools, in pursuant to the advertisement dated 21.6.1986 inviting applications for both Primary and M.E. School vacancies. But when appointments were found to be made in the M.E. schools without publication of any select list, a writ petition being Civil Rule No. 2004/1989 was filed by the petitioner, challenging the illegal appointments. By the judgment dated 5.1.1994, the case was disposed of inter alia, with the following direction:

(2.) IN pursuant to the above directions of 5.1.1994 in Civil Rule No. 2004/1989, by order dated 9.9.1994, the appellant was appointed as an Assistant Teacher in Baghar M.E. School in Cachar district. But when the appellant found that irregularly appointed persons were being regularized/adjusted for facilitating their salary payments but no steps were taken to pay the salary to the appellant, he filed second case i.e. the Civil Revision No. 5325/1995. On the allegations made in the case, an enquiry was ordered on 25.6.1996 and the Court directed that the case be posted for final hearing, with the enquiry report. But eventually the case was disposed of even without an enquiry report. The Court in its final order of 20.6.1997 directed that the enquiry ordered in the case on 25.6.1996, be completed within a month and then the respondents will make arrangement to pay the salary of the petitioner.

(3.) 1. However, the appellant did not get any relief in pursuant to the direction given in his second writ petition (Civil Rule No. 5325/1995). Instead, he found that the respondents were adjusting/regularizing services of number of undeserving appointees. Seeing the illegal activities of the official respondents, the appellant filed the 3rd writ petition being W.P. (C) No. 1140/ 2004 seeking a direction for regularization of his own service and for release of the pending salary. He also sought an investigation by the CBI on the illegal regularization/ adjustments orders given by the authorities in the posts of teachers in M.E. schools. The Court by its order dated 30.3.2004 directed an enquiry by the Government, into the allegations made in W.P. (C) No. 1140/2004 and unlike in the 2nd Writ Petition, the enquiry report was given to the Court.