BILU BORAH SAIKIA W/O LT DILIP KUMAR BORAH Vs. STATE OF ASSAM
LAWS(GAU)-2018-1-15
HIGH COURT OF GAUHATI
Decided on January 09,2018

Bilu Borah Saikia W/O Lt Dilip Kumar Borah Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. K. N. Choudhury, learned senior counsel for the petitioner, Mr. I.H. Saikia, learned counsel for the respondent No.6, Ms. D. Borgohain, learned counsel appearing for the respondent No.7 and Mr. N. Sarma, learned Standing Counsel for the Elementary Education Department.
(2.) The petitioner was appointed as an Assistant Teacher in the scale of pay of Rs.1186 to 2396/- in the Duliajan Ucha Vidyalaya ME School. Such appointment was made as per the order of 27.10.1993 of the District Elementary Education Officer, Dibrugarh and on being approved by the Sub Divisional Advisory Board as required under the Rules. The concerned school was provincialised in the year 1980 and subsequent thereof, all appointments to the school are governed by the Assam Elementary Education (Provincialisation) Rules, 1977.
(3.) The respondent No.6 on the other hand was appointed by the School Management Committee of the school on 26.02.1990 as a Hindi Teacher. The admitted fact is that although the respondent No.6 was so appointed, but there was no sanctioned post of Hindi Teacher in the concerned school and secondly, the appointment of the respondent No.6 by the School Management Committee was de-hors the rules inasmuch as, in a provincialised school, no authority is vested on the School Management Committee to make any such appointment on honorary basis.;


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