Mohan Baruah and 7 Ors v. The State of Assam and 4 Ors

ORDER Date : 19.04.2023

None appears for the petitioners on call.

¶2Mr. P. N. Sarma, the learned counsel appears on behalf of the Elementary Education Department and submits that the appointments of the petitioners have been found to be illegal/irregular by a committee constituted by the Government of Assam and thereupon as a one time measure, the Cabinet had taken a decision on 07/10/2020 to accommodate the various illegal/irregular Teachers. The learned counsel has further drawn the attention of this Court to an instruction being submitted by the Director of Elementary Education wherein it has been mentioned that the petitioners herein were accommodated as Tutors. However, out of the eight petitioners, the petitioner No. 1 and petitioner No. 3 did not join. However, the other petitioners had duly accepted the appointment offer and joined their services. The learned counsel appearing on behalf of the Elementary Education Department further submitted that one of the conditions of appointment was that all claims prior to the date of appointment have to be waived by giving an undertaking, which the Petitioner Nos.2, 4, 5, 6, 7 & 8 have already given.

¶3Taking into account that the petitioner Nos. 2, 4, 5, 6, 7 & 8 have already joined and accepted the orders of appointment by accepting the terms of the appointment orders, the instant petition so filed has become infructuous insofar as the petitioner Nos. 2, 4, 5, 6, 7 & 8 are concerned.

¶4As regards the petitioner Nos. 1 and 3, as their appointments were found Page No.# 4/4 to be irregular/illegal, the question of passing any direction for payment of the arrear salary in the opinion of this Court would not be proper inasmuch as to issue a writ of mandamus there appointment has to be legal by following the due process. Considering the above, the instant writ petition insofar as the petitioner Nos. 1 and 3 are concerned stands dismissed.

¶5The instruction so produced by Mr. P.N. Sarma is kept on record and marked with the letter "X". JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010265212017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2078/2017o MOHANoBARUAHoando7oORS.o SONoOFoLATEoINDIRAMoBARUAH,oRESIDENToOFoVILLAGEoBAMKAMCHI,o P.O.oSRIPANIoJANAKLYAN,oDIST.oDHEMAJIoASSAM,oASSTT.oTEACHERoOFo KAMACHIoNAGAONoL.P.oSCHOOL 2:oSHRIoMAHENDRAoDUTTA oSONoOFoPHANIDHARoDUTTA oRESIDENToOFoNILAKHoBALIJAN oP.O.oNILAKHoCHARIALI oDIST.oDHEMAJIoASSAM oASSTT.oTEACHERoOFoNILAKHoKOILASPURoL.P.oSCHOOL 3:oSHRIoDAMBARUoCHETIA oSONoOFoLATEoAKYIAoCHETIA oRESIDENToOFoVILLAGEoMORIDHAL oP.O.oMORIDHAL oDIST.oDHEMAJIoASSAM oASSTT.oTEACHERoOFoBoSHAMARAoL.P.oSCHOOL 4:oSMTIoBINAoDUTTA oWIFEoOFoPRANABoDUTTA oRESIDENToOFoVILLAGEoandoP.O.oNAGAKHELIA oDIST.oDHEMAJIoASSAM oASSTT.oTEACHERoOFoHAHCHARAoL.P.oSCHOOL 5:oSHRIoRAJENDRAoNATHoNEOG oSONoOFoDULALoNEOG oRESIDENToOFoVILLAGEoJAMUGURI oP.O.oJAMUGURI oDIST.oDHEMAJIoASSAMoASSTT.oTEACHERoOFoKAMCHIBAMoL.P.oSCHOOL 6:oSMTIoMANJUoDUTTA oWIFEoOFoDEBENoSAIKIA Page No.# 2/4 RESIDENT OF MILAN NAGAR P.O. DHEMAJI DIST. DHEMAJI ASSAM ASSTT. TEACHER OF NAHARANI L.P. SCHOOL 7: SHRI PURNANANDA GOGOI SON OF LATE LALIT GOGOI RESIDENT OF VILLAGE PASCHIM SUBAHI P.O. SUBAHI DIST. DHEMAJI ASSAM ASSTT. TEACHER OF PASCHIM SUBAHI L.P. SCHOOL 8: SMTI NIRADA DAS WIFE OF SRI MOHAN DAS RESIDENT OF VILLAGE KAPAHUA P.O. KHUBALIA DIST. DHEMAJI ASSAM ASSTT. TEACHER OF BATHAMIRI L.P. SCHOO VERSUS THE STATE OF ASSAM and 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHEMAJI DISTRICT DHEMAJI 4:THE DEPUTY INSPECTOR OF SCHOOLS DHMAJI DIST. DHEMAJI ASSAM 5:THE DEPUTY COMMISSIONER DHEMAJI DIST. DHEMAJI ASSA Advocate for the Petitioner : MR.P P BORA Advocate for the Respondent : GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH