MAHESH DAS S/O- LT HAREN DAS Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-1-54
HIGH COURT OF GAUHATI
Decided on January 05,2018

Mahesh Das S/O- Lt Haren Das Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Manash Ranjan Pathak, J. - (1.) Heard Mr. Tanjur Ali, learned counsel for the petitioner. Also heard Mr. Abani Deka, learned Standing Counsel, Education Department for the respondent Nos. 1 and 3 to 5 and Mr. Rajib Borpujari, learned Standing Counsel, Finance Department for the respondent No. 2.
(2.) It is stated by the petitioner that the District Elementary Education Officer (DEEO, in short), Nalbari by his order dated 22.03.1999 appointed the petitioner as a Grade IV casual employee in fixed pay of Rs. 2880/- per month and contended that he was allowed to work as an office peon in the said office in a regular vacancy that occurred due to up-gradation of one Sri Tarini Das, Grade-IV to the post of Lower Division Assistant/Junior Assistant in the office of the Deputy Inspector of Schools, Nalbari. It is submitted by the petitioner that he is continuously serving in said Grade IV post in the office of the Deputy Inspector of Schools, Nalbari as a fixed pay casual employee from March 1999. It is also submitted by the petitioner that both the Deputy Inspector of Schools, Nalbari on 05.07.2012 and 27.02.2015 as well as the DEEO, Nalbari on 29.09.2012 and 13.03.2015 respectively wrote to the Director of Elementary Education, Assam to regularise the service of the petitioner considering his continuous service as casual employee in fixed pay since March 1999 against vacant sanctioned posts available in the office of the Deputy Inspector of Schools, Nalbari, that fell vacant due to retirement of regular Grade-IV employee on attaining the age of superannuation. As the said matter of regularisation of service of the petitioner is still pending before the Directorate of Elementary Education, Assam without any final outcome, the petitioner apprehending that he may be ousted from his such service, has filed this writ petition to pass necessary direction to the respondents herein to regularize his service as a Grade-IV Peon in the vacant sanctioned posts of Grade-IV in the office of the Deputy Inspector of Schools, Nalbari, considering his continuous service since March, 1999.
(3.) Mr. Deka, learned Standing Counsel, Education Department on instruction submits that Grade-IV posts under the District Elementary Education Officer and the Deputy Inspector of Schools are regulated by the Assam Public Services (Direct Recruitment to Class-III and Class-IV Posts) Rules, 1997, a statutory Rule under Article 309 of the Constitution of India, regulating direct recruitment to Class-III and Class-IV posts in the offices of the Heads of Departments, the Regional Offices, District Offices, Divisional Offices and below District Level Offices, where there is no Service Rules and Executive Instructions regulating such recruitment and conditions of service for recruitment to Class-III and Class-IV posts and those recruitment to Class-III and Class-IV posts are not being within the purview of the Assam Public Service Commission. Mr. Deka further stated that any such vacant sanctioned post of Grade-IV under the establishment of DEEOs and DIs has to be filled up by way of direct recruitment after making proper advertisement and selection in accordance with said 1997 Rules and it is the Director of Elementary Education, Assam who is the appointing authority with regard to recruitment to Class-IV posts in the establishment of DEEOs and DIs of the State.;


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