Decided on June 05,2018

Director Elementary Education Appellant
Pradip Narah Village Chamuguri Respondents


A.M. Bujor Barua, J. - (1.) Heard Mr. D. Saikia, learned Senior Addl. Advocate General appearing for the appellants as well as Mr. G.N. Sahewalla, learned Senior Counsel for the respondents.
(2.) The respondents who are six in numbers were appointed as Asstt. Teacher as per the orders dated 26.11.1999 of the DEEO, Golaghat. The appointment letters indicated that they were appointed against the newly allotted posts, vide Director of Elementary Education Letter No.EPD/OB/6/96/156 dated 24.04.1998. In the hearing, an indication has been given that the said posts allotted by the letter dated 24.04.1998 pertains to the posts created and allotted for the purpose of the OBB scheme. It is also taken note of that there were two OBB schemes, namely, OBB scheme of 1998 pertaining to 4040 number of posts and OBB scheme of 2001 pertaining to 7066 number of posts.
(3.) The respondents preferred an earlier writ petition being WP(C) No.3380/2002, inter alia claiming for a direction that their services be regularized. The said writ petition was disposed of by the order dated 24.05.2002 by which the authorities in the Education Department were directed that the claim of the respondents be considered for adjustment in terms of Govt. Circular dated 07.07.2000 along with other similarly situated persons. The said order of 24.05.2002 resulted in the order dated 26.08.2010 of the Director of Elementary Education, Assam by which the claim for regularization of the respondents were rejected by stating the reason that at the relevant time when they were appointed, there was a ban on appointment of teachers in middle schools against the posts created under the OBB scheme.;

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