BASANTA KR BARUAH Vs. STATE OF ASSAM AND 4 ORS
HIGH COURT OF GAUHATI
Basanta Kr Baruah
State Of Assam And 4 Ors
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Achintya Malla Bujor Barua, J. -
(1.) Heard Mr. D. Das, learned senior counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel for the Secondary Education Department as well as Mr. R. Borpujari, learned Standing Counsel for the Finance Department.
(2.) The petitioner was initially appointed on a regular basis as an Assistant Teacher (Intermediate) in the Panitola High School in the scale of pay of Rs.525-990 per month plus other allowances. The said appointment was made as per order dated 14.10.1988 of the Inspector of School, Dibrugarh and upon being selected by the District Level Selection Board, Dibrugarh. By an order dated 13.03.1996 of the Director of Secondary Education, Assam and pursuant to the Government Letter No.PMA/92/116 dated 10.01.1996, 82 Nos. of High Schools were upgraded to Higher Secondary School and in the process, the required posts were created. The Panitola High School in which the petitioner was initially appointed was also so upgraded to Panitola Higher Secondary School. Upon the upgradation of the school, by an order dated 25.03.1996 of the Director, certain posts, including the post of subject teacher in political science of Panitola High Schools were upgraded and in the said upgradation order the name of the petitioner appears against the post of subject teacher in political science.
(3.) Consequent thereof, the Principal of Panitola High School issued the letter dated 27.03.1996 by which it was stated that the petitioner was appointed as the subject teacher in political science in the school in the scale of pay of Rs.1785-4200 per month. Consequential order dated 05.06.1998 was also passed by the Principal of the school providing that the petitioner is appointed as per the procedure prescribed in the Government Letter dated 18.01.1996. But, subsequently it appears that the Director of Secondary Education, Assam by his communication dated 01.08.2003 had raised a confusion that the case of the petitioner was that of a fresh appointment and as the appointment order dated 27.03.1996 was issued by the Principal of the Panitola Higher Secondary School therefore, such appointment is not as per rules.;
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