MD FAJAL UDDIN Vs. STATE OF ASSAM AND 8 ORS
HIGH COURT OF GAUHATI
Md Fajal Uddin
State Of Assam And 8 Ors
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A M Bujor Barua, J. -
(1.) Heard Mr. KM Mahanta, learned counsel for the appellant. Also heard Ms. P Chakraborty, learned Standing counsel, Education Department and Mr. MK Choudhury, learned Senior counsel assisted by Mr. M Sarma, learned counsel for the respondent No.8.
(2.) Both the appellant as well as the respondent No.8 were appointed by the resolutions of the Managing Committee dated 02.11.2007 of the Sutargaon Public High School. The respondent No.8 was appointed as per the resolution No.3 making the appointment w.e.f.,10.10.2007 in the vacant post of Assistant Teacher, which had arisen on the resignation of Md. Rakibul Islam, whereas the appellant was appointed as per resolution No.7 making the appointment w.e.f., 05.10.2007 against Section C of Class VIII. But the order dated 02.11.2007 of the Headmistress-cum-Secretary of the School shows that the respondent No.8 was temporarily appointed w.e.f. 10.12.2007 as per the meeting of the Managing Committee held on 02.11.2007. But the respondent No.8 joined his services as Assistant Teacher (Arts) on 09.12.2007.
(3.) Subsequently, the Managing Committee of the School adopted a resolution No.1 dated 02.03.2008, whereby it was resolved that the correct date of joining of the respondent No.8 as the 3rd Assistant Teacher was confirmed as 09.12.2007, whereas by resolution No.2 it was resolved that incorrect date of joining of the appellant which was 03.11.2007 stood corrected and the correct date of joining was confirmed as 01.01.2008. Again by the order dated 01.12.2008 of the Headmistresscum-Secretary of the School, the appellant was shown to be temporarily appointed w.e.f. 01.12.2008.;
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