HEMANTA DAS Vs. STATE OF ASSAM AND 3 ORS
LAWS(GAU)-2018-5-111
HIGH COURT OF GAUHATI
Decided on May 25,2018

HEMANTA DAS Appellant
VERSUS
State Of Assam And 3 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. M.K. Choudhury, learned senior counsel for the petitioner and Mr. N. Sarma, learned Standing Counsel for the Secondary Education Department. Notice on the respondent No.4 being the Headmaster of the school was served and the Headmaster has also filed an affidavit in opposition.
(2.) It is the claim of the petitioner that he was appointed as an Assistant Teacher as per the order dated 22.10.1998 upon being selected by the District Level Selection Board, Nalbari and was posted in the Bornibari Milan High School. On his appointment, the petitioner was allowed the service benefits like PF, GIS etc and his Service Book was also opened. By an order of 26.07.2000 of the Inspector of Schools, Nalbari, one Smti Binapani Das was appointed as an Assistant Teacher following the up gradation of one Paramananda Kakati as the Headmaster of the school. The appointment order of 26.07.2000 of Smti Binapani Das was assailed by the writ petitioner in WP(C) No.5208/2000 and by an interim order dated 22.09.2000, the said appointment was stayed. The writ petition was given a final consideration by the judgment and order dated 17.08.2006, by which it was provided that the petitioner would be allowed to continue as the Assistant Teacher of the school and further all consequential service benefits be given to him. It was also provided that if under the law, his appointment requires to be regularized, it be done after the ban that was enforced at that relevant point of time be lifted.
(3.) In the meantime, the appointment of several teachers in the Nalbari district were cancelled by different orders and in the process, the appointment of the petitioner was also cancelled by an order dated 21.05.2012. All such cancellations were assailed in several writ petitions including WP(C) No.3111/2012, which was of the present writ petitioner. All the said writ petitions were given a final consideration by the order dated 01.08.2013, wherein this Court arrived at a conclusion that the required procedure prior to the cancellation was not followed. The Court was of the view that the show cause notices issued on 18.05.2010 were cancelled and the same were not taken to their logical conclusion and that the orders of termination were issued abruptly without affording the affected persons any opportunity to defend their case. Accordingly, by the said order of 01.08.2013, the respondent authorities were given the liberty to proceed against all such persons by issuing fresh show cause notices. It was further provided that the earlier orders of termination of 21.05.2012 of the Inspector of Schools would be subject to the final decision to be taken in the proceeding to be initiated.;


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