Decided on May 15,2018

Anupam Roy Appellant
STATE OF ASSAM Respondents


Achintya Malla Bujor Barua, J. - (1.) Heard Mr. M.H. Laskar, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned standing counsel for the Secondary Education Department.
(2.) The petitioner was temporarily appointed as Senior Grade Hindi Teacher in the Marjatkandi Public H.S. School, Marjatkandi in the district of Karimganj as per the order of the Director of Secondary Education, Assam for a period of three months. The said appointment was later on extended by the Inspector of School by the order dated 19.05.1994 for another three months. Subsequently, on 04.10.1997, the service of the petitioner was adjusted in his own grade and scale of pay in the post of Senior Grade Hindi Teacher that had fallen vacant in the non-plan scheme. On 11.07.2002, the Inspector of School, Karimganj had issued a No Objection Certificate to the petitioner for procuring an Indian Passport/Visa to visit any foreign country. On 21.02003, the petitioner submitted an application before the Principal of the concerned Higher Secondary School requesting for grant of earn leave for 15 days w.e.f. 03.03.2003 with station leave permission due to certain personal affairs of the petitioner. On 24.03.2003, the petitioner submitted another application before the Principal requesting that his leave be extended for a further period of one month. Another application was filed on 24.04.2003 requesting that the leave be extended for two months. Again on 14.06.2003, a further application was filed requesting that the leave be extended for three months. It appears that the petitioner had from time to time went on making such applications. It is stated that the petitioner after submitting such application had gone to London for some purpose. The petitioner prefers this writ petition claiming that he had a right to lien over his post and therefore, he should be taken back in service after he had returned back from London.
(3.) It is noticed that the aforesaid application submitted by the petitioner from time to time contains an endorsement by the Academic In-Charge of the concerned Higher Secondary School indicating that he had received the application. It is further noticed that the endorsement are of the day next when the concerned application were made. It is not understood as to how the petitioner had made that application on a given day from London and the Academic In-Charge had received the same on the very next day. Be that as it may, after returning back, the petitioner submitted an application before the Director of Secondary Education, Assam requesting that he be allowed to rejoin his service and by the communication dated 27.05.2013, the said application was forwarded by the Inspector to the Director of Secondary Education, Assam.;

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