ARABINDA KUMAR SARMA Vs. STATE OF ASSAM AND 3 ORS REP
LAWS(GAU)-2018-11-7
HIGH COURT OF GAUHATI
Decided on November 09,2018

Arabinda Kumar Sarma Appellant
VERSUS
State Of Assam And 3 Ors Rep Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. B.D. Konwar, learned senior counsel, assisted by Mr. R. Kalita, learned counsel for the petitioners. Also heard Mr. K. Gogoi, learned counsel for the respondent Nos. 1 & 2, Mr. A. Chamuah, learned counsel for the respondent No. 3 and Mr. R. Borpujari, learned counsel for the respondent No. 4.
(2.) The petitioners are aggrieved by Condition No. 3 mentioned in the order dated 22.01.2015, passed by the Director of Higher Education, Assam, requiring the petitioners to qualify in NET/SLET within 2 (two) years of their regularization, as per the provisions of Clause-4(d), laid down in the O.M dated 17.07.2004, on the threat of their service being discontinued and till then, the petitioners would be entitled to get only fixed basic pay.
(3.) The petitioners counsel submits that the petitioners were appointed to different deficit grant-in-aid colleges in Assam as Assistant Professors between the year 1992 and 1996 by the Governing Body of the respective Colleges, against non-sanctioned posts. The service of the petitioners were thereafter regularized vide order dated 22.01.2015 in different provincialized colleges, with the stipulation that they would be required to qualify in NET/SLET within 2 (two) years from the date of their regularization.;


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