Decided on May 15,2018

Sarada Devi Appellant
The State Of Assam And Ors. Respondents


ACHINTYA MALLA BUJOR BARUA,J. - (1.) Heard Mr. S.B Rahman, learned counsel for the petitioner and Mr. N. Sarma, learned Standing Counsel for the Elementary Education Department, Government of Assam.
(2.) The petitioner was appointed as an Assistant Teacher in the Gandhibari Girls ME School in the Nalbari district as per appointment letter dated 16.03.1987 and the school was provincialised on 09.11.1991. However, in spite of being provincialised, the service of the petitioner was not regularised and instead she was terminated from service. Being aggrieved, the petitioner approached this Court through a writ petition being Civil Rule No. 3113/1993, which was given a final consideration by the order dated 22.05.1196. The relevant provisions of the order dated 22.05.1996 is as follows:- "Considering the facts and circumstances of the case the respondents No. 2 and 3 are ordered to consider the case of the petitioner for regularisation of her services on and from the date of regularisation of the respondent no. 5, Sri Manik Kalita. However, if the respondents are unable to accommodate the petitioner in the Gandhibari Girls Me school, in that event the respondents No. 2 and 3 are directed to accommodate the petitioner in any other provincialised ME school in the Nalbari Sub-division under the jurisdiction of the respondent no. 3."
(3.) Pursuant to the requirement of the judgment and order of 22.05.1996, the order dated 31.08.1997 was passed by the Director of Elementary Education, Assam. By the said order, the Director ventured into the question of determining the seniority between the petitioner and the aforesaid Sri Manik Kalita and accordingly arrived at a conclusion that the Managing Committee of the school on 27.03.1993 had terminated the services of the petitioner and one Jiten Deka was appointed in the vacant post. The said stand of the respondent was also taken in the Civil Rule No. 3113/1993, but the same was accepted by the Court. By the said order, the petitioner was advised by the Director to apply for the post of Assistant Teacher as and when vacancy occurs.;

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