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2018 DIGILAW 1303 (GAU)

Munin Dutta v. State of Assam

2018-09-04

ACHINTYA MALLA BUJOR BARUA

body2018
JUDGMENT : ACHINTYA MALLA BUJOR BARUA, J. 1. Heard Ms. K. Devi, learned counsel for the petitioner. Also heard Mr. A. Deka, learned standing counsel for the Secondary Education Department. 2. The petitioner claims that he was appointed as a Grade-IV employee in the Dhenukhana H.S. School in the Lakhimpur district as per the order of the Director of Secondary Education dated 08.02.1994. Upon being so appointed, the petitioner continued to remain in service without any interruption and the in the resultant situation claims that a right of regularization had accrued to him as provided by the Hon'ble Supreme Court in Secretary, State of Karnataka vs- Umadevi & Ors., (2006) 4 SCC 1 . 3. The petitioner is also aggrieved by the communication dated 12.09.2012 of the Director of Secondary Education, Assam, by which the Inspectors of School of different district had been directed to initiate the process for appointment on a regular basis against the Grade-IV posts in various High and Higher secondary schools. According to the petitioner, if the regular recruitment is undertaken and the claim of the petitioner is not given a consideration, the same would violate his legal right. 4. The petitioner also relies upon an earlier judgment and order of this Court dated 30.09.3015 in WP(C) 2921/2015 and other writ petitions. In WP(C) 2921/2015, the communication dated 12.09.2009 from the Director to the Inspector requiring initiation of a regular selection process for Grade-IV employee and the consequential circular dated 05.05.2015 issued by the Inspector initiating such process had been assailed. 5. In the said judgment, this Court by analyzing the right of the similarly situated temporary employees in Grade-IV as per the decision of the Hon'ble Supreme Court in Umadevi had arrived at a conclusion that the circular dated 05.05.2015 initiating the regular selection process is unsustainable and accordingly, it was set aside. 6. In the said writ petition, a further direction was issued to the respondent authorities to give a consideration to the claim of the petitioner therein for their regularization. This Court has taken note of that the circular dated 05.05.2015 is the consequential circular issued by the Inspector pursuant to the communication dated 12.09.2012 of the Director requiring initiation of the regular selection process. 7. As already noted, in the instant case, the communication dated 12.09.2012 has been assailed on a similar set of grounds. This Court has taken note of that the circular dated 05.05.2015 is the consequential circular issued by the Inspector pursuant to the communication dated 12.09.2012 of the Director requiring initiation of the regular selection process. 7. As already noted, in the instant case, the communication dated 12.09.2012 has been assailed on a similar set of grounds. Accordingly by following the earlier judgment and order dated 30.09.2015 in WP(C) No.2921/2015, it is provided that the communication dated 12.09.2012 shall not be given effect in respect of the claim of the petitioner for regularization against the Grade-IV post of Dhenukhana H.S. School of Lakhimpur district. Consequent thereupon, it is also directed that the Director of Secondary Education, Assam shall examine the claim of the petitioner for regularization as provided in the judgment and order dated 30.09.2015 in WP(C) No.2921/2015 as well as by taking into consideration the pronouncement of the Hon'ble Supreme Court in Umadevi case. Upon such examination, the Director shall pass a reasoned order and in the event, the decision goes in favour of the petitioner, he shall be regularized in his post and on the other hand, if the decision goes against the petitioner, the authorities shall be at liberty to fill up the vacant post of Grade-IV as per law. 8. The aforesaid exercise shall be completed within a period of three months from the date of receipt of the certified copy of the order. Writ petition is accordingly disposed of.