Hemanti Bala Barua and 11 Others v. State of Assam and Ors.
1991-01-15
A.RAGHUVIR, S.N.PHUKAN
body1991
DigiLaw.ai
A.Raghuvir, C.J.— These four writ petitions raise unusual questions of fact and law. The petitioners who are thirty in number are honorary teachers working in Lower Primary Schools in the Dhemaji District of Assam without any salary or honorarium. It is difficult to define and not difficult to imagine what honorary teachers are. Such teachers attend schools regularly to teach their pupils. Parents of their pupils remunerate them in some measure. What their perks are pose another difficulty to state but can be imagined. The honorary teacher is analogous to a German lecturer who is referred as private decent. The Oxford Dictionary sets out the meaning as 'private teacher or lecturer recognised by University but not on salaried staff'. 2. In Civil Rule No. 1637 of 1989 there are 12 petitioners, in Civil Hule No. 1638 of 1989 there are two, in Civil Rule No. 1748 of 1989 there are four and in Civil Rule No.1926 of 1989 there are 12 petitioners. Some among the petitioners were working for more than five years, more seven years and a few are working for more than 10 years. The thirty petitioners are working in Dhemaji Sub-Division now a district. Among them fifteen persons have had secured appointment orders. In the first writ petition, petitioners 1, 2, 6, 8, 11 and 12 have had an order of appointment as Assistant Teachers in Primary Schools on honorary basis, in Civil Rule No. 1638 of 1989, one among the two petitioners had secured such an order, in Civil Rule No. 1748 of 1989, ! petitioners 3 and 4 out of the four petitioners have had an-order of that nature in their favour and in Civil Rule No.1926 of 1989 petitioners 1, 6, 7, 8, 9 and 11 had secured such orders. The order reads as under; (Translated Copy ) GOVT. OF ASSAM OFFICE OF THE DEPUTY INSPECTOR OF SCHOOLS, DHEMAJI. ORDER Smti. Kunjalata Gogoi, a local qualified candidate was appointed as an honorary Assistant Teacher in Bhomoraguri Primary School w.e.f. 19.4.80 by the Managing Committee. In view of increase in the number of students in the school, the said appointment is hereby approved. No. salary will be paid to her from this office and the undersigned shall not be responsible for her appointment or non-appointment in regular post. Sd/- Bidya Qohain. Deputy Inspector of Schools, Dhemaji". 3.
In view of increase in the number of students in the school, the said appointment is hereby approved. No. salary will be paid to her from this office and the undersigned shall not be responsible for her appointment or non-appointment in regular post. Sd/- Bidya Qohain. Deputy Inspector of Schools, Dhemaji". 3. In view of the fact that no salary was paid to the petitioners who hold no rights accrued to the petitioners by virtue of the above order. 4. We see in these cases there is a human problem. Misfortune drove the petitioner to this situation. The State Government is unknowingly exploiting these persons by allowing them to work as honorary teachers. Where such teachers have worked for ten years they should have got some benefit or the other having regard to their long service rendered to the community. Having regard to their age it may not be open for them to go in the open market and secure appointments. 5. This issue is of considerable difficulty to this Court in adopting any principle to spell out the rights of honorary teachers. Having invited suggestions from the two learned Government Advocates and the learned counsel for the petitioners we thought it safe that those who have worked for 10 years as honorary teachers should have the benefit of regular appointment. Judging from that standard, among the 30 persons – (1) Smti. Kunjalata Gogoi (Petitioner in CR 1637 of 1989) (2) Smti. Malati Barua- do - (3) Shri Girish Chandra Gogoi- do - (4) Smti. Maloti Handique- do - (5) Shri Bongshidhar Narah - (Petitioner in CR 1638 of 1989) (6) Shri Ghana Kanta Gogoi - do - (7) Smti. Hemanti Bala Barua - (Petitioner in CR 1926 of 1989) are ordered to be appointed as regular teacher from March, 1991. 6. We direct the State authorities to pay the above seven salary from March, 1991, As regards in what manner this period often years will have to be reckoned for the purpose of pension and other pensionary benefits we leave it to the good sense of the authorities. As regards other 23 petitioners since the subject matter is inchoate therefore there is nothing which can be stated to have accrued in their favour. 7. These four writ petitions are allowed as indicated above. No costs.