Writ Petition (C) No. 3655 of 2010. Case: Hamidur Rahman Vs The State of Assam and Ors.. Guwahati High Court
| Case Number | Writ Petition (C) No. 3655 of 2010 |
| Counsel | For Appellant: M. Dutta, Advocate and For Respondents: U.K. Goswami, SC |
| Judges | Tinlianthang Vaiphei, J. |
| Issue | Constitution of India - Articles 14, 16 |
| Judgement Date | August 25, 2015 |
| Court | Guwahati High Court |
Judgment:
Tinlianthang Vaiphei, J.
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In this writ petition, the petitioner is challenging the termination of his service and seeking payment of his salaries, past and present as he continues to discharge his duties in the post of Assistant Teacher of Lakhipur Higher Secondary School.
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The facts of the case, as pleaded by him, in a nutshell, are that he is a post graduate in Assamese and is eligible to be appointed as Subject Teacher. He had applied for the post of Assistant Teacher in the year 1999, was called for the interview, appeared before the Interview Board and was selected whereafter the respondent No. 8 issued the order dated 30-11-1999 appointing him as senior Hindi Teacher of Lakhipur Higher Secondary School in the pay scale of ` 3,580-8750 pm plus other admissible allowances against the lien vacancy of one Mohammad Abu Taleb, senior Hindi Teacher of the same school. He joined the post on 1-12-1999 and discharged his duty thereafter. His post was subsequently converted into General post vice one Chakreshwar Kakati a retired A/T and transferred to the same school vide the order dated 17-6-2003 and joined the post on 7-7-2003. However, he received his salary only up to November, 2003 whereafter payment of his salary was suddenly stopped. He then submitted his representation dated 7-4-2004 to the respondent No. 8 for release of his withheld salaries through his Principal. The respondent No. 8 thereafter referred the representation of the petitioner to the respondent No. 6 for necessary action. Another representation dated 19-11-2004 was also submitted by him to the respondent No. 8 seeking redressal of his grievances. In the meantime, the respondent No. 8 informed the petitioner through the communication dated 13-4-2005 that interview for the vacant posts of Post Graduate Secondary Teachers for the same school would be held on 20-4-2005 in the Office of the respondent No. 6 and asked him to appear in the said interview. He duly appeared in the interview, but the fate of this interview is not known till now. In the meanwhile, he approached this Court in WP(C) No. 49/2006 praying for release of his salaries from December, 2003 including current salary. This Court by the order dated 6-4-2006 disposed of the writ petition directing that all the matters pertaining to payment of salaries should be referred to the Expert Committee constituted for the purpose.
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In the meantime, another advertisement was published in the newspaper on 25-8-2007 inviting application for the posts of post graduate teachers in provincialized Higher Secondary Schools. He duly applied for one of such posts and appeared in the selection process but nothing came out of this selection process. In the meanwhile, the said Expert Committee constituted a Sub-Committee headed by the respondent No. 8. The petitioner appeared before the Sub-Committee which ultimately...
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