V L FELFAMKIMA Vs. STATE OF MIZORAM
LAWS(GAU)-2014-7-52
HIGH COURT OF GAUHATI
Decided on July 02,2014

V L Felfamkima Appellant
VERSUS
STATE OF MIZORAM Respondents

JUDGEMENT

- (1.)HEARD Mr. N. Sailo, learned senior counsel assisted by Mrs. Dinari T. Azyu, learned counsel appearing for the petitioners as well as Mr. Aldrin Lallawmzuala, learned Addl. Advocate General, Mizoram for the State respondents.
(2.)ON the basis of resolutions passed by the Selection Board of Modern English Higher Secondary School, the petitioners were temporarily appointed as Post Graduate Teachers by orders dated 12.6.2002, 16.8.2005, 21.1.2006 and 29.4.2006. Thereafter, by an office order dated 24.6.2011, the appointment of the petitioners were approved by the District Education Officer, Aizawl District, Aizawl. Subsequent to the approval, the petitioners have executed the Agreement form with the respondents and have been continuing in service. The contract period of the petitioners were thereafter extended from time to time by various orders starting from 3.4.2003 till date issued by the Director of School Education, Mizoram, Aizawl pursuant to letters of the Government of Mizoram and permission of the Finance Department of Mizoram.
(3.)BY a notification dated 23.6.2000 issued by the Department of Education and Human Resource Development, the Modern English School, Aizawl alongwith 4 (four) other schools were upgraded into Higher Secondary School for Arts stream w.e.f. the academic session of the year 2000. Further, by another notification dated 16.5.2002 issued by the Government of Mizoram, Department of Education and Human Resource Development, additional section in Science and Commerce stream was also opened in respect of 4 (four) Deficit Higher Secondary Schools. Modern English Higher Secondary School, Aizawl alongwith 3(three) other schools figured in the notification dated 16.5.2002. Thereafter approval of the Government was given by a letter dated 3.10.2002 for engagement of 25 post graduate Teachers on Contract basis from the date of engagement to 28.2.2003 for 9 (nine) Higher Secondary Schools wherein the Modern Higher Secondary School figured at Sl. No. 5. The present writ petition has been filed for non -consideration of the case of the petitioners for regularization despite representation dated 5.7.2012 being made by the Chairman and Secretary of the Managing Board, Modern English Higher Secondary School as well as the representation dated 29.7.2013 made by the Contract Lecturers to the Hon ble Chief Minister, Government of Mizoram.
At this stage, learned senior counsel Mr. N. Sailo submits that the present case is covered by the judgment and order dated 12.6.2014 passed by this Court in WP(C) No. 115/2013.



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