MOZIBUR RAHMAN Vs. STATE OF ASSAM AND 3 ORS
LAWS(GAU)-2018-12-26
HIGH COURT OF GAUHATI
Decided on December 07,2018

MOZIBUR RAHMAN Appellant
VERSUS
State Of Assam And 3 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Ms. D. Borgohain, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned standing counsel for the Elementary Education Department.
(2.) By an order dated 19.05.1999 of the District Elementary Education Officer, the services of the petitioner was regularized w.e.f. 24.04.1998 as an Assistant Teacher in the Gerokanai M.E.M. Subsequently, by another order 15.12.1999, the regularization made in favour of the petitioner was cancelled. The order of 15.12.1999 inter alia provides that 52 numbers of teachers of Middle School were regularized by an order of 26.10.99 and as the regularization of the petitioner was also amongst the said 52 number of teachers, therefore, the order of regularization was withdrawn. In the year 2002, the petitioner preferred WP(C) 1853/2002 claiming for salary which was disposed of by the judgment and order dated 20.08.2009 by providing that the claim of the petitioner would be covered by another judgment dated 31.03.2009 passed in WP(C) 2741/2008. In the said order dated 31.03.2009, a direction was issued that the arrear salary be released within a period of six months. It is stated that the said WP(C) 2741/2008 was preferred by 20 numbers of teachers who were amongst the 52 teachers whose regularization was withdrawn by the order dated 15.12.1999. When the salaries were not paid, a Contempt Case No.299/2011 was preferred. By an order dated 03.06.2011, the contempt case was closed based upon an order dated 21.05.2011 of the Commissioner & Secretary to the Govt. of Assam in the Elementary Education Department, wherein, a decision was taken for creating certain supernumery post for releasing the arrear salary. Thereupon, the petitioner preferred WP(C) 1005/2012 seeking a direction that the authorities allow him to continue in his post as his service was already regularized by the order dated 19.05.1999.
(3.) Wp(C) 1005/2012 was dismissed by an order dated 01.09.2016 on the ground that the Commissioner & Secretary of the Department arrived at a finding that the name of the petitioner did not figure in the list of 52 number of teachers and therefore, he would not be covered by the proposal for creation of supernumerary post. On dismissal of 1005/2012 WA No.13/2017 was filed by the petitioner which was given a final consideration by the order dated 08.06.2017 giving the petitioner liberty to assail the order dated 21.05.2011 of the Commissioner & Secretary.;


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