PRABHAT CHANDRA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. RC Saikia, learned counsel for the petitioner along with Mr. B Chakraborty, learned counsel appearing for the petitioner. Also heard Mr. M Choudhury, learned counsel for the Respondents.

(2.) THE primary issue relates to the entitlement of the petitioner for provincialisation of his services as the Principal of Paschim Barigog Anchalik Mahavidyalaya, Baranghati, Kamrup. The cause of action arose when the Respondent authority did not acknowledge provincialisation of the services of the petitioner, as reflected in the order dated 20.1.14 issued under the hand of the Director, Higher Education, Assam. The reason for not doing so has been explained in the affidavit-in-opposition filed by the Respondent authority, which, will be referred to in the later part of this order.

(3.) THE petitioner initially served as a Subject Teacher in Botany at Paschim Barigog Dhirdutta Higher Secondary School, Nalbari for the period between 1985-1995, during which time, he obtained his Masters Degree in Botany and also obtained the Doctorate Degree from the Gauhati University. Thereafter, by a Notification issued by the Govt. of Assam in the Education (Higher) Department, dated 1.8.1995, the petitioner was appointed as Lecturer under Regulation 3(f) of the Assam Public Service Commission (Limitations and Functions) Regulations 1951 and was posted at the District Institute of Education and Training ('DIET' for short) at Azad. The appointments under Regulation 3(f) was extended from time to time during which time, the petitioner served at different stations. On each occasion, extension was made by Notification issued by the Govt. of Assam under the Education (Higher) Department. The condition stipulated was that the extension would take effect for a period of four months or till regular filling up of the post from the recommended panel list of the Assam Public Service Commission, whichever was earlier.