BONGAIGAON Vs. THE STATE OF ASSAM AND 3 ORS
HIGH COURT OF GAUHATI
The State Of Assam And 3 Ors
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ACHINTYA MALLA BUJOR BARUA,J. -
(1.) Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned standing counsel for the Elementary Education Department.
(2.) The petitioner is a registered association espousing the causes of the irregular/illegally appointed teachers who were appointed during the period from 1991 to 2001, and also rendering their services in the respective schools continuously and without break.
(3.) Accordingly, the members of the petitioner's association claims a legal right that they be regularized in their services. In respect of the issue as to whether the irregularly/illegally appointed teachers are to be regularized in their service, a Division Bench of this court had passed an order dated 02.03.2010 in WP (C) 1048/2014. The operative part of the order is as follows:-
"To make the resolution that will now be attempted by the Court appointed committee effective and fruitful, we direct that in the event the appointment of any of the petitioner is found to be legal and valid, the same will carry an obligation on the part of the State Government to pay salary to such petitioner(s) and in the event such appointments are found to be illegal, it will be open for the State to take appropriate action in accordance with law. We also make it clear that it will be open for the State to frame a policy, in accordance with law, for eventful accommodation of the 3281 Nos. of illegally appointed teachers who have been identified on filed verification to be working, if the State is so inclined.";
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