Gauhati High Court
WP(C)/2393/2012 on 21 July, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
GAHC010170692012
IN THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PRINCIPAL SEAT
W.P(C) NO. 2393/2012
1. Abdul Halim Laskar,
S/o- Irshad Ali Laskar,Vill- Talurgram-I, PO Sonaimukh,Dist-
Cachar.
2. Badrul Islam Mazumder,S/o-
Mazaid Ali Mazumder,Vill- Durgapur,PO-
Barjatrapur, Dist- Cachar.
3. Amajit Chanda,
S/o- Lt Amulya Kr Chandra,Vill & PO-
Darmikhal,Dist- Cachar.
4. Monoj Kumar Kairi,S/o- Lt Maniklal
Kairi,Vill & PO- Natun Bazar,Dist- Cachar.
5. Achyut Kumar Bhowmik,S/o- Lt
Ajit Kumar Bhowmik,Vill & PO-
Salganga,Dist- Cachar.
6. Mihir Kumar Das,C/o- Radha Kanta
Das,Vill & PO- Salganga,Dist- Cachar.
7. Th. Rajendra Singha,S/o- Suna
Babu Singha,Vill- Icharpar, PO-
Amjurghat,Dist- Cachar.
8. Ajanta Bhattacharjee,D/o- Lt
Kripamoy Bhattacharjee,Vill & PO-
Nayabil,Dist- Cachar.
Page 1 of 30
9. Raju Deb,S/o- Ramananda Deb,Vill-
Talurgram P-I,PO- Sonaimukh, Dist-
Cachar.
10. Monoj Kumar Deb,S/o- Monmohon
Deb,Vill & PO- Nayabil,Dist- Cachar.
11. Th. Chandra Babu Singha,S/o-
Monmohon Singha,Vill & PO-
Nayabil,Dist- Cachar.
12. Kalyan Kanti Paul,S/o- Kalidas
Paul,Padumnagar, Silchar,Dist- Cachar.
13. Abul Kalam Choudhury,S/o- Azir
Ali Choudhury Ray,Vill- Bhairab
Nagar,P.O.- Krishnapur, Dist- Cachar.
14. Joynal Uddin Laskar,S/o- Abdul
Rajan Laskar, Dist- Cachar.
15. Saleh Ahmed Laskar,S/o- Oli Ullah
Laskar, Vill & PO- Ganirgram-II,Dist-
Cachar.
16. Safia Begum,D/o- Ibrahim Ali, Vill-
Pratipar,PO- Anilabazar, Dist- Cachar.
17. Ajoy Ray Choudhury,S/o- Sunil
Ray Choudhury, Vill & PO- Natun
Kanchanpur, Dist- Cachar.
18. Nil Kanta Singha,S/o- Babadhan
Singha, Chengcoorie Bagan,PO-
Chengcoorie, Dist- Cachar.
19. Miss Sahina Begum
Barbhuiya,D/o- Siraj Uddin
Barbhuiya,Vill & PO- Buribail,Dist-
Cachar.
20. Ali Ahmed Barbhuiya,S/o-
Masaddar Ali Barbhuiya,Vill & PO-
Buribail,Dist- Cachar.
21. Chayan Sarma,S/o- Chuni Lal
Sarma,Vill & PO- Palonghat,Dist- Cachar.
22. Rafique Uddin,S/o- Azizur
Rahman,Vill & PO- Bhangarpar,Dist-
Cachar.
23. Khairul Islam Barbhuiya,S/o-
Sawkat Ali Barbhuiya,Vill & PO-
Bhangarpar,Dist- Cachar.
24. Safique Ahmed Barbhuiya,S/o-
Azizur Rahman Barbhuiya,Vill & PO-
Krishnapua,Dist- Cachar.
Page 2 of 30
25. Rameswar Kairi,S/o- Faguwa
Kairi,Vill- Dewan, PO- Dewan,Dist-
Cachar.
26. Biswatosh Das,
S/o- Bijoy Prassana Das,Vill- Sibpur, Pt-
I,PO- Hazarigram Bazar,Dist- Cachar.
27. Amarendra Sinha,S/o- Mohi Sena
Sinha,Vill- Bhatirgram,PO- Bekirpar, Dist-
Cachar.
28. Arabinda NathS/o- Shishutosh
Nath,Dist- Cachar.
29. Samarendra Kumar Das,C/o-
Gopendra Chandra Das,Vill- Jamalpar,
PO- Palonghat,Dist- Cachar.
30. Jognarayan Harijan,S/o-
Ramprasad Harijan,Vill- Pollorbond
TE,PO- Banskandi, Dist- Cachar.
31. Debasish Sinha,S/o- Binoy Kumar
Sinha,Bakhalpur East,PO- Singari, Dist-
Cachar.
32. Gautam Goala,S/o- Harihar
Goala,Vill- Binakandi TE, Dist- Cachar.
33. Bhaskar Barai,S/o- B.L.
Barol,Itkhola, Dist- Cachar.
34. Anuradha Roy,D/o- Lt. Jamini Kr.
Roy,Lakhipur, PO- Lakhipur,Dist- Cachar.
35. Bimal Sinha,S/o- Lt. B. Raja
Bihari,Vill- Pakaipar, PO- Kabuganj,Dist-
Cachar.
36. Ashok Kumar Kairi,S/o- Krishna
Dayal Kairi,Vill & PO- Atharotilla,Dist-
Cachar.
37. Nirmal Kumar Das (Nath)S/o-
Naranjan Das.Vill- Barodolu, PO-
Palonghat,Dist- Cachar.
38. Mijajul Hq Choudhury,S/o- M. Ali
Choudhury,Vill & PO- Singerbond,Dist-
Cachar.
39. Sunanda Deb,W/o- Shyamananda
Deb,Vill & PO- Pailapool,Dist- Cachar.
40. Najmul Islam Barbhuiya,S/o-
Siraj Uddin Barbhuiya,Vill & PO-
Ganirgram-2,Dist- Cachar.
Page 3 of 30
41. Shahibur Rahman Laskar,S/o- Lt.
Basarai Ali Laskar,Vill- Buribail-I,PO-
Ganirgram,Dist- Cachar.
42. Sahab Uddin Laskar,S/o- Ilias Ali
Laskar,Vill- Patharigram,PO- Rajnagar,
Dist- Cachar.
43. Samsuddin Mazumder,S/o-
Swakat Ali Mazumder,Vill & PO-
Barjatrapur,Dist- Cachar.
44. Tayab Ali Choudhury,S/o-
Mahmad Ali Choudhury,Vill-
Bhairabnagar,PO- Krishnapur, Dist-
Cachar.
45. Sayma Begum Mazumder,D/o-
Sirajul Islam Mazumder,Vill- Mazumder
Bazar,PO- Tarapur, Dist- Cachar.
46. Jamir Ahmed Mazumder,S/o-
Faizur Rahman Mazumder,Vill- Durgapur,
PO- Barjatrapur,Dist- Cachar.
47. Mohi Uddin Laskar,S/o- Tiruaj Ali
Choudhury,Vill & PO- Joynagar, Dist-
Cachar.
48. Sahid Ahmed Barbhuiya,S/o-
Habibur Rahman Barbhuiya,Vill & PO-
Borjatrapur,Dist- Cachar.
49. Mohan Ch. Das,
S/o- Harendra Ch. Das,Vill & PO- Niz
Joyanagar,Dist- Cachar.
50. Saidur Rahman Laskar,S/o-
Mobajil Alim Laskar,Vill- Badarpur Pt-
2,Niz Joyanagar, Dist- Cachar.
51. Sabbir Ahmed Barbhuiya,S/o-
Matiur Rh Barbhuiya,Vill & PO-
Ganirgram,Dist- Cachar.
52. Siratun Nessa Laskar,D/o-
Mudarish Ali Laskar,Vill & PO-
Krishnapur,Dist- Cachar.
53. Zulfikar Ahmed Laskar,S/o-
Zulfikr Ahmed Laskar,Vill- Buribail, PO-
Ganirgram,Dist- Cachar.
54. Hanif Alam Laskar,S/o- Hafizur Rh
Laskar,Vill- Balighat, PO- Arunachal,Dist-
Cachar.
Page 4 of 30
55. Nazrul Islam Barbhuiya,S/o-
Abdur Rohwab Barbhuiya,Vill & PO-
Chandpur,Dist- Cachar.
56. Iftikar Alam Laskar,S/o- Hazi
Manir Ali Laskar,Vill- Buribail, PO-
Ganirgram,Dist- Cachar.
57. Sabir Ahmed Khadem,S/o- A.R.
Khadem,Vill & PO- Ganirgram,Dist-
Cachar.
58. Shahin Aktar Mazumder,D/o-
Aktasul Hq Mazumder,Itkhola,
Silchar,Dist- Cachar.
59. Nurul Hashan Barbhuiya,S/o-
Moyur Uddin Barbhuiya,Vill & PO-
Bagpur,Dist- Cachar.
60. Aziz Ahmed Mazumder,S/o-
Mozila Uddin Mazumder,Vill & PO- Uttar
Mohanpur,Dist- Cachar.
61. Imrana Begum Laskar,D/o-
Maztor Ali Laskar,Vill- East
Gobindapur,PO- Gobindapur East,Dist-
Cachar.
62. Nelufa Begum Barbhuiya,D/o-
Azir Uddin Barbhuiya,Vill & PO-
Rongpur,Dist- Cachar.
63. Priyankar Sinha,S/o- Prahlad
Sinha,Vill- Pakaipar, PO- Kabuganj,Dist-
Cachar.
64. Gobinda Dubey,S/o- Nirmal Prasad
Dubey,Vill- Urabil, PO- Pailapool,Dist-
Cachar.
65. Y. Rina Singha,D/o- Y. Birendra
Singha,Vill & PO- Singerbond,Dist-
Cachar.
66. Nirmal Kr Sinha,S/o- Lt Nanda Kr
Sinha,Vill- Kabirgram,PO- Sigeri,Dist-
Cachar.
67. Romij Uddin Barbhuiya,S/o- Md
Rais Ali,Vill- Dibarkush-IV,Dist- Cachar.
68. Nazmul Hussain Laskar,S/o-
Rabizul Ali Laskar,,Vill- Nichchntapur,PO-
Rajnagar,Dist- Cachar.
Page 5 of 30
69. Santa Kumar Singha,S/o- Joydev
Singha,Vill- Khalpar, PO- Mashughat,Dist-
Cachar.
70. Sujit Kumar Das,
S/o- Lt. Surendra Ch. Das,
Vill & PO- Kashipur,
Dist- Cachar.
71. Sanjay Kr Das,S/o- Nimchand
Das,Vill- Gossainagar,PO- Binnakandi
TE,Dist- Cachar.
72. Jahangir Alam Laskar,S/o- Lt
Shihab Uddin Laskar, Vill. Haritikar Pt-I,
PO. Rajatilla, Dist-Cachar
73. Nuruzzaman, S/O Lt. Abdus
Subhan, Vill. Lathimara, P.O. Lathimara,
Dist-Cachar.
74. Sahajahan Haque Laskar, S/O
Lijat Ali Laskar, Vill-Rupalbali, P.O-
Banskandi
75 Mahibul Haque Barbhuiya, S/O
Shuaib Ali Barbhuya, Vill. Srikona
76. Hillol Kanti Nath, S/O Late Hari
Mohan Nath, Tarapur Sibbari, P.O.
Silchar
77. Nitish Ranjan Das, Vivekananda
Road, Silchar
78 Ananta Kumar Deb, Nutan Bazar
Narsingpur, Cachar
79 Shahin Aktar Mazumder, D/O
Aktasul Hq Mazumder, Itkhola, Silchar,
Dist-Cachar
80 Mastafa Ahmed Laskar, S/O
Samsur Uddin Laskar, Vill. Nagdirgram,
PO Kabuganj, Dist-Cachar
.....................Petitioners
Versus
1. The State of Assam
Represented by the Commissioner &
Secretary to the Govt. of Assam,
Education (E) Department, Dispur,
Guwahati-6
Page 6 of 30
2. The commissioner & Secretary
to the Government of Assam,
Finance Department, Dispur, Guwahati-
6
3. The Director of Elementary
Education, Assam, Kahilipara,
Guwahati-19
4. The District Elementary
Education Officer, Cachar, Silchar,
Assam, 788001
........Respondents
-BEFORE-
HON’BLE MR. JUSTICE SOUMITRA SAIKIA
Advocate for the petitioner: Mr. S Hoque, Advocate
Advocate for the respondents: Mr. P.N. Sharma, SC, Elementary Education
Ms. M. Bhattacharjee, Addl. Sr. Govt. Advocate
Date of Hearing : 22.04.2025
Date of Judgment & Order : 21.07.2025
JUDGMENT AND ORDER (CAV)
The petitioners before this Court were appointed as Assistant
Teachers in various M.E. Schools in the Cachar district by the District
Elementary Education Officer, Cachar, vide the appointment letters
dated 29.11.1994 upon being approved by the Sub-divisional Level
Advisory Board. However, their appointments stood cancelled on the
ground of appointment being made against non-existent posts. Being
aggrieved, the petitioners approached this court by filing C.R Case
No. 324 of 1995. By order dated 20.01.1995 passed in CR 324/95.
This court directed the respondent authorities not to oust the
petitioners from their services and also directed the authorities to
release their salaries regularly. Pursuant to the order passed by this
Court, the District Elementary Officer, Cachar by order dated
31.03.1995 reinstated the services of the petitioners in their
Page 7 of 30
respective posts with all financial benefits with effect from the date
of their joining. Subsequently, the Chief Secretary by notification
dated 09.09.1996 directed an administrative enquiry to be conducted
by Sri S. Manoharan, who was the then Commissioner of Lower
Assam and Hills and Barak Valley Division, to enquire into the
irregularities and illegal appointments of the school teachers in
Primary, Middle, High and Higher Secondary Schools of Assam during
the period 01.03.1991 to 30.04.1996. Pursuant to the said enquiry
conducted it was followed by the Task Force/District Level Screening
Committee/Departmental Screening Committee and thereafter the
services of 193 teachers of M.E./M.E.M./M.V./Senior Basic and
Government Senior Basic Teachers working in the district of Cachar
were regularized. The services of the petitioners were also
regularized by the Director of Elementary Education, Assam vide his
order under memo number EMA.54/2005/13 dated 20.08.2005 with
effect from their date of joining against vacant posts in the scale of
pay for Rs. 3130/- to Rs.6600/- per month plus other allowances.
The petitioners were adjusted against the vacant posts of assistant
teachers caused due to transfer/retirement at the respective ME
schools in the district of Cachar. It is the case of the petitioners that
since their adjustments, they have been working regularly and
continuously without any break to the utmost satisfaction of their
higher authorities till date.
2. The present proceedings are initiated by the petitioners as they
are aggrieved that in spite of discharging their duties regularly till
date, their arrear salaries as well as the current salaries have not
been paid yet by the respondent authorities inspite of series of
communications and the verbal requests made by the petitioners for
Page 8 of 30
which they are suffering from extreme financial hardships inspite of
submitting recommendations time and again before the Finance
Department for necessary concurrence.
3. This writ petition subsequently heard on 08.05.2013 and by an
order passed by Co-ordinate bench by following the Judgment
rendered in WP(C) No. 7492 of 2005 (Abdul Kayum vs State of
Assam) and by placing reliance on the judgments of the Apex Court
rendered in Nazira Begum Laskar -vs- State of Assam reported in
(2001) 1 SCC 143; A. Umarani vs Registrar, Cooperative Societies
reported in (2004) 7 SCC 112 and State of Assam vs Protima Das
reported in 1997 (3) GLT 7 it was held that the executive powers
under Article 162 of the Constitution cannot be invoked to regularize
the services of those who were appointed by disregarding the due
process prescribed under the Assam Elementary Education
(Provincialization) Rules 1977. Following the said judgment rendered
by the Court in Abdul Kayum (Supra), the writ petition came to be
dismissed of rejecting the prayers of the petitioners for grant of
arrear salaries. The Co-ordinate Bench further directed the
respondents to ensure that the petitioners’ services (if continuing)
should be discontinued with immediate effect.
4. Being aggrieved the writ petitioners preferred an appeal being
writ appeal No. 179 of 2013. This writ appeal along with other
similarly connected matters being Writ Appeal No. 380-381-382-386
of 2013 came to be disposed of together with writ appeal no. 211 of
2013 by a Division Bench of this Court. By Judgment and Order by
dated 20.05.2014, the Division Bench after consideration of the
matter in its entirety interfered with the order dated 08.05.2013
passed in WP(C) No. 2393 of 2012 and remanded the matter for a de
Page 9 of 30
novo hearing by the learned Coordinate Bench. The relevant extract
of the order dated 08.05.2013, whereby the order passed by the
Coordinate Bench was interfered with and the matters were
remanded for fresh hearing is extracted below:
“Heard Mr. S. Haque, the learned Counsel appearing for the
petitioners. The State respondents are represented by Mr. M.R. Pathak,
Standing Counsel, Education.
2. The petitioners were appointed as teachers in M.E. Schools in Cachar
District through the appointment orders dated 29.11.1994 (Annexure-1
series) issued by the DEEO, Cachar. The appointees seek direction for
disbursal of their current and arrear salary on the basis of the decision to
regularize the services of illegal appointees, identified by the S.
Monoharan Enquiry Committee.
3. Mr. M.R. Pathak, Standing Counsel, Education however submits that
the petitioners were not selected and were appointed on pick and
choose basis even without post being available and accordingly the case
should be dismissed by following the judgment rendered today in the
WP(C) 7492/2005 (Abdul Kayum vs. State of Assam). In this judgment,
the Court after referring to the Apex Court’s decision in Nazira Begum
Lashkar vs. State of Assam reported in (2001) 1 SCC 143, A. Umarani vs.
Registrar, Cooperative Societies reported in (2004) 7 SCC 112 and State
of Assam vs. Pratima Das reported in 1997 (3) GLT 7 held that that the
executive powers under Article 162 of the Constitution can’t be invoked
to regularize the services of those who were appointed by disregarding
the due process prescribed by the Assam Elementary Education
(Provincialization) Rules, 1977. The relevant portion of the judgment is
extracted hereinbelow :-
22. The Supreme Court in Nazira Begum Lashkar vs. State of
Assam reported in (2001) 1 SCC 143 held that appointment made
without following the Statutory Rules, through tampering of records, will
disentitle the appointees to claim any equitable relief. On the
Government’s power to regularize service of irregular appointees, the
Apex Court in A. Umarani vs. Registrar, Cooperative Societies reported in
(2004) 7 SCC 112 declared that when appointments were made in
contravention of Rules, the State can’t invoke the power under Article
162 of the Constitution to regularize such illegal appointment. Similarly
in Punjab Water Supply & Sewerage Board vs. Ranjodh Singh reported in
(2007) 2 SCC 491, the Supreme Court held that a scheme under Article
162 can’t prevail over Statutory Rules or Rules framed under Article 309Page 10 of 30
of the Constitution. In another often quoted decision in Ashwani Kumar
vs State of Bihar reported in (1997) 2 SCC 1, the Apex Court was
examining appointment in excess of sanctioned posts. Since
appointments were made without following the Rules, the Court held
that such appointments were illegal and no right would accrue to the
appointees.
23. The decision of the State Cabinet to regularize the service of
the illegal/irregular appointees only because they possessed the
qualification can’t at all be approved since it will amount to appointment
without following the due process. If this is permitted, fair opportunity of
appointment prescribed by Article 14 and 16 will be rendered
meaningless.
4. Having regard to the above decision and noticing that petitioners are
beneficiaries of an illegal process, I see no scope to grant any direction
for the petitioners. Following the decision in Abdul Kayum (supra) the
respondents are directed to ensure that the petitioners’ service (if
continuing), should be discontinued, with immediate effect.
5. The case is disposed of with the above direction. ”
5. Subsequently, the matters were placed before the Coordinate
Bench and had been taken up for hearing. The claim of the
petitioners is that they have been in service continuously and have
been rendering their services, therefore, their arrear pay for the
period mentioned is required to be released. After the matter was
remanded back and the matter to be heard afresh by a Single Bench,
a Coordinate Bench by order dated 08.06.2022 came to a finding
that since there are allegations of fraud by some authorities or
persons that fake names were included in the list of teachers who
are to be regularized pursuant to a Cabinet Decision, a direction was
issued to the appropriate authority in the Government for a thorough
investigation. The said order is therefore extracted below:
“Heard Mr. S Hoque, learned counsel for the petitioner. Also heard
Mr. B Kaushik, learned counsel for the respondents in the Elementary
Education Department, Government of Assam and Mr. A Chaliha, learned
counsel for the Finance Department, Government of Assam.
Page 11 of 30
2. The writ petitioners herein claim for payment of arrear salaries from
20.08.2005 as well as their current salaries based upon the order under
memo no. EMO/04/13 dated 20.08.2005 under the signature of Mohsin Ali,
the Director of Elementary Education, Assam.
3. The first paragraph of the order is extracted as below:
“In exercise of power conferred upon the Director of
Elementary Education, Assam by the Govt. Letter No. B (3) S-
427/2001/3 dtd- 4/1/2002 and in pursuance of Govt. Order under
Memo No. EDN (LC) 52/2005/477/55 dtd-9/8/2005 issued on the
decision of the Cabinet Meeting held on 24/02/2005 for
regularization of services of 2776 Nos. Of LP/ME/MEM/HS/HSS
teachers of the State, who were appointed in excess of posts
during the period 01-3-91 to 30-11-96 and which were enquired
into by the One Man Enquiry Committee headed by Sri S.
Monoharan, IAS and subsequently by Task Force/District Level
Screening Committee/Departmental Screening Committee the
services of 193 (one/hundred/ninety/three) Nos. Of
ME/MEM/MV/Sr. Basic and Govt. Sr. Basic working teachers in the
District of Cachar are hereby regularized with effect from date of
their joining against the vacant posts as per enclosed list (signed
by the Commissioner and Secretary to the Govt. Of Assam
Education (S & E) Deptt.) in the scale of pay Rs. 3130/- to
Rs.6600/- P.M. Plus other allowances as admissible as per rules.
The teachers concerned will be eligible for salary from the date of
joining after regularization in the vacant posts.”
4. A reading of the extracted portion of the order makes it discernable that
in exercise of the power conferred upon the Director of Elementary
Education, Assam by the Government Letter No. B (3) S-427/2001/3 dtd
04.01.2002 and in pursuance of the Government Order under Memo No.
EDN (LC) 52/2005/477/55 dtd- 9/8/2005 issued on the decision of the
cabinet meeting held on 24.02.2005 for regularization of services of 2776
number of LP/ME/MEM/HS/HSS teachers of the State, who were appointed
in excess of posts during the period 01.03.1991 to 30.11.1996 and which
were enquired into by the One Man Enquiry Committee headed by Sri S.
Monoharan, IAS and subsequently by the Task Force/ District Level
Screening Committee/Departmental Screening Committee the services of
193 (one/hundred/ninety/three) Nos. Of ME/MEM/MV/Sr. Basic and Govt.
Sr. Basic working teachers in the District of Cachar were regularized with
effect from their respective date of joining.
5. Apparently, 193 numbers of teachers were regularized as per the
enclosed list to the said order. The enclosed list is stated to be the list i.e.
Page 12 of 30
available from page-41 onwards of the writ petition. The list from page-41
to page-50 contains the 193 names and in the end, a scribbled signature of
the concerned authority is available without any identity as to who the
authority is.
6. A comparison with page-50 and page-51 of the writ petition where
page-51 depicts the signature of the Commissioner and Secretary to the
Government of Assam, a similarity is sought to be projected between the
signature at page-50 and the signature available at page51, although there
is a possibility of the two signatures being of two different persons.
7. Be that as it may, when we enquired from the respondent authorities as
to why the salary and allowances had not been paid inspite of being
regularized by the order issued by the Director, a communication dated
06.06.2022 of the Director of Elementary Education, Assam is produced.
8. Apart from others, paragraph 3 of the said communication is extracted
as below:
“In the meantime, the Finance Department vide Memo No.
BB.194/2005/17-A dated 07/10/2005 issued a Fax Message to the
Deputy Commissioner, Cachar with information copy to the
Treasury Officer, Cachar as under “it has come to the notice of
finance department that fake appointment of teachers in cachar
district has been made on the strength of Cabinet decision of
24/02/2005 with reference to recommendation of the Monoharan
Commission. In view of the above your are instructed not to
entertain the bills if presented on the strength of letter
No.EMA.54/2005/13 dated 20/08/2005 until further instruction
from Finance (Copy enclosed as Annexure-III).”
9. A reading of the extracted portion of the communication dated
06.06.2022 shows that the Finance Department as per the Memo No.
BB.194/2005/17-A dated 07/10/2005 had issued a fax message to the
Deputy Commissioner, Cachar with information copy to the Treasury Officer
that it had come to the notice of the Finance Department that fake
appointment of teachers in the Cachar district had been made on the
strength of Cabinet decision of 24/02/2005 with reference to
recommendation of the Monoharan Commission and accordingly, the
Treasury Officer was instructed not to entertain any bill for payment of
salary. In other words, it is the stand of the Finance Department that fake
names are being included in the list of teachers who were ought to have
been regularized in the legitimate manner as per the Cabinet decision
dated 24.02.2005.
Page 13 of 30
10. As it is an allegation of fraud by some authorities/persons in bringing in
fake names to be included in the list of teachers who are to be regularized
pursuant to the cabinet decision, we are of the view that the matter
requires a thorough investigation by the appropriate authority in the
Government of Assam.
11. For the purpose, we requested Mr. D Nath, learned Senior Government
Advocate for his view as to who would be the appropriate authority and the
reply thereof is that the State CID would be best authority to enquire the
fraud and inclusion of fake names in the list of teachers to be regularized
as per cabinet decision dated 24.02.2005.
12. Accordingly, we accept the suggestion of the learned Senior
Government Advocate and request the State CID through its SP to
undertake the investigation as indicated above.
13. The investigation to include all the relevant officials of the Education
Department who held their respective posts at that relevant point of time
as well as the persons whose names were included in the list of 193 to be
regularized pursuant to the Cabinet decision and thereupon to segregate
the genuine persons and the fake entries. Upon completing the exercise,
the investigation be brought to its logical end meaning thereby that
whosoever is found to have committed the fraud, be criminally proceeded
as per law. If any of the persons who are required to be subjected to the
investigation do not cooperate, the CID may take appropriate action as
may be available under the law.
14. The preliminary report be submitted after four weeks.
15. A copy of this order be provided to Mr. D Nath, learned Senior
Government Advocate.
16. The CID to also investigate on the authenticity of the order of the
Director dated 20.08.2005.”
6. Pursuant to the said direction by the Court, the matter was
being referred to the CID, Assam for investigation. As per the status
report placed before the Court, the matter was under investigation.
7. Before the Court, the respondents urged that in the present
writ petition, there are 80 writ petitioners and since their claims are
for release of arrear salary from the date as they claims to be in
continuous service, the matter was placed before the Cabinet of the
Page 14 of 30
State. The Cabinet thereafter had constituted a Screening Committee
for screening the validity of the appointment orders of the various
teachers. This matter was also referred to the Screening Committee
and the cases of the writ petitioners were duly scrutinized.
8. The State respondents dispute the contentions of the writ
petitioners and have referred to the affidavits filed in the matter and
contends that in order to undertake the screening process by the
Screening Committee, the screening committee constituted invited
applications from all the irregularly/illegally appointed teachers
during 1991-2001 throughout the State by an advertisement dated
1.2.2012 and 4.2.2012, which were published in local dailys. The
advertisements were issued inviting the said teachers to respond to
the advertisement and appear before the Screening Committee along
with all particulars relating to their selection procedure, nature of
appointment, status of posts, working status, status of salaries,
academic qualifications etc. In response to the advertisements issued
by the State Department, after conducting preliminary examination,
at the Directorate level the Elementary Education Department vide
the notification dated 4.6.2012 constituted five Screening
Committees under the Divisional Commissioners concerned and
Principal Secretaries of the 6th Schedule areas to examine the
applications and the report of the preliminary committee. These five
Screening Committees were constituted for Upper Assam Division,
Lower Assam Division, North Assam Division, Hills and Barak Valley
Division and BTC areas. The Divisional Screening Committees
thereafter verified all the applications and submitted their reports
with recommendations/views to the government for further action.
However, in view of certain complaints received by the Government,
Page 15 of 30
re-verification was directed in respect of some of the districts. The
respective Screening Committees, after causing re-verification again
submitted their reports to the Government. After scrutiny of the
reports of the Divisional Screening Committees, the following
categories of teachers were identified:
Category-1- Recommended and working till date- 136
Category 2- Recommended but discontinued jobs- 250.
Category 3- Not recommended but working till date 8470
Category 4- Not recommended and discontinued jobs 2900.
9. Pursuant to the said report of the Screening Committee, a
decision was taken by the Government to regularize the services of
all the teachers who fall under Category-1.
In respect of teachers falling under Category-2 and Category-4,
the question of regularization of services and payment of salaries did
not arise as they had discontinued their jobs and not in service.
In so far as category 3 is concerned, it was decided to issue
Show cause notice to all the 8470 teachers including 766 and 752
numbers terminated teachers of Dhemaji and Lakhimpur districts
respectively, asking them to show cause as to why their services
should not be removed for being appointed in violation of the Rules.
10. However pursuant to a discussion held between the Association
of these teachers and the concerned Education Minister of the State,
the department had proposed to take a decision to resolve this
problem of illegally/irregularly appointed teachers subject to the
approval of the Cabinet. A department committee was thereafter
formed by the Government in the Elementary Education Department
Page 16 of 30
to verify the salary status and qualification of the teachers falling
under Category-3.The said committee thereafter again prepared
three lists based on the Screening Committee reports, namely,
List 1
Teachers who have received salaries up to 2007 and onwards
and having JBT/BT/D.El.Ed were included in list number 1.
List 2
Teachers who had received salaries up to 2007 and onwards
but not having JBT/BT/D.El.Ed were included in list number 2.
List 3
This list included teachers who neither received salaries nor
have the prescribed training, namely JBT/D.El.Ed.
11. The matter was thereafter placed before the Cabinet by
preparing a Cabinet Memorandum, seeking approval of the following:
(a) Approval was sought for accommodating those teachers
who have received salary upto 2007 and have successfully
completed the Junior Basic Training/D.El.Ed. course by
creating personal/supernumerary posts with prospective effect
from the date of approval of the Cabinet. Those posts will
cease to exist as and when the incumbent retires from service
(i.e. List No. 1 as Teachars)
(b) Approval was sought for those who have received salary
upto 2007 but have not acquired the professional qualification
before 2011, their job can only be accommodated as tutorPage 17 of 30
with prospective effect from the date of approval of the
cabinet. (i.e. List No. 2 as Tutor).
Pursuant to the Cabinet Memorandum, the Cabinet gave its
approval on 07.10.2020 to the proposal
12. According to the respondents, some of the petitioners names
were found in the Screening Committee Report under Cachar district,
however they did not fulfill the criteria of receiving salaries up to
2007 as well as having JBT/D.EL.ED as per the Cabinet Memorandum
and therefore they could not be accommodated as Teachers/Tutor
and in respect of the others, no record was found by the Screening
Committee and therefore their cases could not be considered for
accommodation as Teacher or Tutor. The relevant paragraph is
extracted below:
“12. That the answering deponent humbly begs to state that the name
of the petitioners in the present writ petition, except petitioner No. 10,
12, 13,17, 18, 19, 22, 23, 26, 28, 30, 40, 41, 44, 47, 50, 52,
55,57,59,65 to 71 and 75 were found in the screening committee
report under Cachar District, but they have not fulfilled the criteria of
receiving salaries upto 2007 and onwards and having JBT/D.El.ED etc.,
as laid down in the Cabinet Memorandum, hence, they could not be
accommodated as Teacher/Tutor.
Further in respondent of petitioner Nos. 10, 12, 13, 17, 18, 19, 22,
23, 26, 28, 30, 40, 41, 44, 47, 50, 52, 55, 57, 59, 65 to 71 and 75 no
record were found in the Screening Committee list, as such their cases
could not be considered for accommodation as Teacher/Tutor”
13. The affidavit in reply filed by the petitioner reiterated their
claims in the writ petition without specific objections to the
averments made in the affidavit in opposition filed by the
respondents. Pursuant thereto the petitioner filed an additional
affidavit making averments in support of the status of employment of
some of the writ petitioners. In terms of the additional affidavit filed
Page 18 of 30
on 17th of July 2024, working certificates stated to be issued by the
concerned Head Master of the school were enclosed in the said
additional affidavit in support of the claims of continuance of the
services of the petitioners in respect of writ petitioners number 1, 4,
7, 11, 12, 15, 26, 27, 32, 17, 18, 19, 21, 33, 34, 36, 37, 38, 40, 50,
54, 59,60, In terms of the said additional affidavit, these petitioners
claim to have been continuously rendering their services since their
dates of appointment.
14. The State thereafter filed another affidavit in response to the
additional affidavit filed by the petitioners bringing on record the
certificates showing continuity of services of those petitioners. It is
submitted by the respondents that these Certificates were duly
verified and a report was prepared by the Directorate of Elementary
Education which is enclosed to the said affidavit filed by the
respondents. The report dated 21.01.2025 contained detailed
observations regarding the attendance of the said 32 petitioners in
their respective schools. The report is enclosed to the said affidavit in
opposition filed on 19.02.2025 as Annexure-III. This report dated
21.01.2025 which of the Director of Elementary Education to the
Office of the Secretary, Elementary Education is extracted below:
GOVERNMENT OF ASSAM
OFFICE OF THE DIRECTOR OF ELEMENTARY EDUCATION, ASSAM
KAHILIPARA, GUWAHATI-19
Website: https://dee.assam.gov.in. Email: appttab.dee @ assam.gov.in, [email protected]
—————————————————————————————————————————– ——
No. ΕAA/B/Misc/110/2022/259 Dated: 21 January, 2025
From: Suranjana Senapati, ACS
Director of Elementary Education, Assam
Kahilipara, Guwahati-19
To The Secretary to the Govt of Assam
Department of School Education
Page 19 of 30
Dispur, Guwahati-6
Sub: WP(C) No. 2393/2012 of Abdul Halim Laskar & 79 others-vs-State of Assam and others.
Ref: The Hon’ble High Court order 19/11/2024 passed in WP (C) No.2393/2012.
Sir.
With reference to the subject cited above, I would like to state that in pursuance
of Govt, order under Memo No. EDN(LC)52/2005/477/55 dated 09/08/2005 issued on
the decision of the Cabinet Meeting held on 24/02/2005 for regularisation of services of
2776 (Two thousand seven hundred seventy six) Nos. of LP/ME/MEM/HS/HSS teachers
of the state, who were appointed in excess of posts during the period 01/03/1991 to
30/11/96 and which were enquired into by the One Man Enquiry Committee headed by
Sri S. Monohoran IAS and subsequently by Task Force/District Level Screening
Committee and Departmental Screening Committee, the service of 193 (one ninety
three) nos. of ME/MV/MEM teachers of Cachar district (Copy enclosed as Annexure-
I) were appointed against the vacant posts (identified by concerned field officer) shown
against their names.
Accordingly, this office had regularised the service of 193 (one ninety three) nos.
of ME/MV/MEM teachers of Cachar district vide order under Memo No. EMA-54/2005/13
dated 20/08/2005 (Copy enclosed as Annexure-II) including the petitioners of WP
(C) No. 2393/2012 of Abdul Halim Laskar and 79 others.
In the meantime, the Finance Department vide Memo No. BB.194/2005/17-A
dated 07/10/2005 issued a Fax Message to the Deputy Commissioner, Cachar with
information copy to the Treasury Officer, Cachar as under ” it has come to the notice of
finance department that fake appointment of teachers in cachar district has been made
on the strength of Cabinet decision of 24/02/2005 with reference to recommendation of
the Monoharan Commission. In view of the above you are instructed not to entertain
the bills if presented on the strength of letter No. EMA.54/2005/13 dated 20/08/2005
until further instruction from Finance (Copy enclosed as Annexure-III). In this
regard a detail report submitted to the Sr. Standing counsel vide this office letter under
reference [3] (Copy enclosed as Annexure-IV).
Further, as per the letter of the Superintendent of Police, CID, Zonal-II, Silchar,
Assam the DEEO, Cachar was appointed as Nodal Officer to help the CID team in
connection with the Hon’ble High court order dated 08/06/2022 passed in WP (C) No.
2393/2012 (Copy enclosed as Annexure V).
However, the Hon’ble High Court passed an order dated 08/02/2024 in WP (C)
No. 2393/2012 (Copy enclosed) and gave an opportunity to place the report of or the
minutes of the expert committee constituted for verification of the records in terms of
the order dated 02/03/2010 passed in WP (C) No. 1048/2004 as well as the decision of
the State Cabinet in its meeting held on 26/02/2011. In this regard the matter was
communicated to the Govt. vide letter No. EAA/B/MISC/110/2022/85 dated 03/04/2024
for seeking instruction as this Directorate is not in possession of original
proposal/documents pertaining to the candidates as the matter was handled centrally
from the Department of School Education, Assam, Dispur.
In the meantime the petitioner Abdul Halim Laskar and 31 others have
filed Additional Affidavit before the Hon’ble High Court by submitting working
certificates.
Page 20 of 30
In this regard this Directorate had conducted a document verification
of the Head Master/Principal (i/c) of concerned schools in connection with
the Additional Affidavit already filed by the petitioners by submitting working
certificate.
In the document verification, the following points are observed regarding
attendance of the petitioners in their respective schools:
Sl. Name of Name of State of Head Master/Principal (i/c) of
No. Petitioner School concerned school of the petitioner1 Biswatosh Banskandi The Head Master of Banskandi M.V. School
Das MVS stated that the petitioner Biswatosh Das had got
appointment and he joined at Banskandi M.V.
School on 25/08/2005 and maintained
attendance register combined from September
2005 to February 2009 and Separate attendance
register was maintained by the former Head
Master from April 2009 to October 2012.
2. Bhaskar Banskandi The Head Master of Banskandi M.V. School
Baroi MVS stated that the petitioner Bhaskar Baroi had got
appointment and he joined at Banskandi M.V.
School on 25/08/2005 and maintained
attendance register combined from September
2005 to February 2009 and Separate attendance
register was maintained by the former Head
Master from April 2009 to October 2012 without
getting any salary.
3 Mijajul Rupaibali MES The Head Master of Rupaibali ME School stated
Haque that the petitioner Mijajul Haque Choudhury had
Choudhury got appointment and joined at Rupaibali M.E.
School on 25/08/2005 and performing his duties
till date without receiving any salary. Separate
attendance register maintained by the previous
Head Master without receiving any order from
the higher authority and maintaining separate
attendance till date.
4 Nurul Hasan Neairgram The Head Master of Neairgram ME School stated
Barbhuiya MES that the petitioner Nurul Hassan Barbhuiya had
got appointment and joined at Neairgram M.E.
School on 19/09/2005 and performing his duties
till 31st July 2012 without receiving any salary.
Separate attendance register was maintained by
the previous Head Master without permission
order from the higher authority. Combined
attendance register maintained from 19/09/2005
to 31/12/2007 and separate attendance register
Page 21 of 30
from 01/01/2008 to 31/07/2012.
5 Gautam Chotomamda The Head Master of Chotomamda Hindi High
Goala Hindi, MES School stated that the petitioner Gautam Goala
(Amalgamated had got appointment and joined at Chotomamda
with Hindi M.E. School (Now amalgamated) on
Chotomamda 22/08/2005. His attendance register was
Hindi High combined jointly with other staff. He has
School) discharged his duty from 22/08/2005 to 10th
August 2016 without receiving any salary
6 Saleh Kinnakhal The Head Master of Kinnakhal Public High
Ahmed High School School stated that the petitioner Saleh Ahmed
Laskar Laskar got appointment and joined at Kinnakhal
MES on 29/08/2005. As per combined
attendance register of Kinnakhal MES (Now
amalgamated with Kinnakhal Public High School)
the petitioner Saleh Ahmed Laskar attended
school upto 31/03/2007
7 Sahima Kalain MEM The Head Master of Kalain MEM stated that the
Begum (Now Kalain petitioner Sahima Begum Barbhuiya got
Barbhuiya MES) appointment and joined at Kalain MEM on
18/09/2005 and put signature in combine
teaches attendance register from 18/09/2005 to
31/10/2006 and July 2010 to February 2012.
After 31/10/2006 to June 2010 she has put
signature in a single separated attendance
register. The Head Master also stated that after
March 2012 to till date she has put signature in
a separate single attendance register
8 Nazmul Navakallol The Head Master of Navakallol MES stated that
Islam MES the petitioner Nazmul Islam Barbhuiya joined on
Barbhuiya 25/08/2005 and put signature in combine
teachers attendance register irregularly from
25/08/2005 to 31/07/2007; October 2009 to
30/09/2011, October 2011 to 15/11/2012;
01/09/2013 to 13/12/2014. Absent from
16/11/2012 to August 2013, 15/12/2014 to
31/12/2017. But the petitioner put his signature
in separate single attendance register from
01/01/2017 to 12/10/2017
9 Saibur Navakallol The Head Master of Navakallol M.E. School also
Rahman MES stated that no any teacher at Navakallol MES in
Laskar the name of Saibur Rahman Laskar
10 Romij Uddin Haji Raja Mia The Head Master of Hazi Raja Mia MES stated
Page 22 of 30
Barbhuiya MES that the petitioner Romij Uddin Barbhuiya joined
on 29/08/2005 and combined teachers
attendance register has been damaged by flood
on July 2012 as stated by earlier head Master
and others. But the petitioner concerned
maintained one single teachers attendance from
October 2012 to October 2014 and September
2021 to December 2024 which received from the
petitioner Romij Uddin Barbhuiya
11 Nuruzzaman Sayedpur The Head Master of Saidpur Janata High School
Janata High stated that the petitioner Nuruzzaman joined in
School service on 29/08/2005 and transferred and
joined at Saidpur Janta ME School on
19/09/2005. It is also stated that Saidpur Janta
ME School amalgamated with Saidpur Janta High
School on 20/01/2018. His attendance are taken
in the combined attendance register upto 2022,
The devastating flood of 2022 damaged all the
attendance registers along with other valuable
school assests. Since 01/01/2023 the daily
attendance of Nuruzzaman have been
maintaining in separate Attendance Register and
have been putting his signature in separate
attendance register as he have no Employee ID
12 Jahangir Sayedpur The Head Master of Saidpur Janata High School
Alom Laskar Janata High stated that the petitioner Jahangir Alom Laskar
School joined in service on 29/08/2005 and transferred
and joined at Saidpur Janta ME School on
19/09/2005. It is also stated that Saidpur Janta
ME School amalgamated with Saidpur Janta High
School on 20/01/2018. His attendance are taken
in the combined attendance register upto 2022.
The devastating flood of 2022 damaged all the
attendance registers along with other valuable
school assests. Since 01/01/2023 the daily
attendance of Jahangir Alom Laskar have been
maintaining in separate Attendance Register and
have been putting his signature in separate
attendance register as he have no Employee ID
13 Hanif Alom Ghagrapar The Head Master of Ghagrapar MV School stated
Laskar MVS that the petitioner Hanif Alom Laskar joined on
25/08/2005. As per records available in the
school the petitioner rendered his service in the
said school and signed the attendance register
wef 25/08/2005 to 12/10/2010
Page 23 of 30
14 Mahibul Alambag BT The Head Master of Alambag BT ME. School
Haque MES stated that the petitioner Mahibul Haque
Barbhuiya Barbhuiya attended scatteredly from January
2010 to December 2018 with so many gaps. But
after December 2018, nо records in found
available in the school is respect of Mohibur
Haque Barbhulya
15 Hillol Kanti Chibita Bichia The Head Master of Chibita Bichia High School
Nath MES stated that the petitioner Hillol Kanti Nath found
present from 21/11/2005 to 23/11/2013. The
Head Master also stated that a separate
attendance register was maintained by the then
Head Master of Chibita ME School for the
petitioner from August 2010 to 23/11/2013 and
no official record of the petitioner concerned is
found after 23/11/2013 to till date
16 Mazmul Khareelpar The Head Master of Khareelpar ME School stated
Hussain MES that the petitioner Mazmul Hussain Laskar joined
Laskar on 29/09/2005 and discharged his duty 10
16/01/2007. Except there is no other record is
found in the school
17 Ananta Nehru Girls The Head Master of Nehru Girls High School he
Kumar Deb High School petitioner Ananta Kumar Deb joined at
Tarunoday Vidyaniketan M.E School on
21/11/2005 and rendering his service. He signed
in the attendance register alongwith other
teacher w.e.f. 21/11/205 to 31/12/2016.
Thereafter the then Head Master had taken his
attendance in a separate register without taking
proper permission frogs higher authority upto
17/08/2022 and said school is amalgamated
with Nehru Girls High School. His signature has
been taken separately as usual up to date
18 Kalyan Kanti Jibangram The Head Master of Jibangram M.E. School
Paul MES stated that the petitioner Kalyan Kanti Paul was
appointed at Jibangram MES and has been
rendering his duty till now. As per school record
his attendance from the date of joining is 2005
to 28/02/2015 in a combined register and after
that a separate register form him was
maintained due to some administrative matter
19 Nirmal Bidyaratanpar The Head Master of Bidyaratanpur MES stated
Kumar Das MES that the petitioner Nirmal Kumar Das had got
appointment and joined on 27/08/2005 and
Page 24 of 30
maintain combined attendance register from
27/08/2005 to 31/01/2017 without any salary.
After that from 01/12/2017 to till date a
separate attendance register was maintained
without permission of higher authority
20 Nitish Janata MES The Head Master of Janata MES stated that the
Ranjan Das petitioner Nitish Ranjan Das got appointment
and joined on 21/11/2005. A combined
attendance register maintained from 21/11/2005
to 31/01/2015. After that a separate attendance
register was maintained from 01/02/2015 to
29/09/2019 without any order from the higher
authority. After 30/09/2019 the petitioner did
not attend the school
21 Manoj Hazi Keramat The Head Master of Hazi Keramat Ali MES stated
Kumar Kairi Ali MEM that the petitioner Manoj Kumar Kairi and joined
on 21/09/2005 and render his service in the said
school ad signed in the attendance register
along with other teachers up to 31/03/2011 The
previous Head Master separated his attendance
register from 01/04/2011 to till date without any
instruction of higher authority
22 Ashok Kalaram The Head Master of Kalaram Barman MES stated
Kumar Kairi Barman MES that the petitioner Ashok Kumar Kairi got
appointment and joined on 21/09/2005 and
maintained a combined register from
21/09/2005 to 31/05/2012. After that the
purpose of submitted in salary bill his
attendance register was separated. Separate
attendance register began from 01/06/2012 to
till date
23 Amarendra Babathan MES The Head Master of Babatan MES stated that the
Singha petitioner Amarendra Sinha got appointment and
joined on 27/08/2005 and a combined
attendance register maintained from 27/08/2005
to 31/03/2009. After that a separated
attendance register was maintained from
01/04/2019 to till date without any order from
higher authority
24 Th. Chandra Hawaithang The Head Master of Hawaithang High School
Babu MES stated that the petitioner Th. Chandra Babu
Singha Singha got appointment and joined at
Hawaithang MES (Now amalgamated) on
24/09/2005 and had been performing his duties
Page 25 of 30
till 03/11/2014. As per school teachers attending
register, presently the petitioner not attending
the school.
25 Anuradha Banskandi The Principal (c) of Banskandi Higher Secondary
Roy MES School stated that the petitioner Anuradha Roy
joined in year 2005. The school was
amalgamated in the year 2017. Now School has
been upgraded to the Higher Secondary School.
Anuradha Roy has been rendering her duty from
the date of her joining to till date.
26 Gobinda Maharani The Head Master of Maharani Chandra Prova
Dubey Chandra Tribal MES stated that the petitioner Gobinda
Tribal MES Dubey submitted a joining letter dated
29/08/2005 to him. The Head Master took the
incharge of Head Master of Maharani Chandra
Prova Tribal MES on 01/07/2021. But the Ex
Head Master had not handed over the
attendance register at the time of his retirement
and after a few days the ex Head master was
expired. The Head Master of Maharani Chandra
Prova Tribal MES also stated that he knew the
petitioner who has been working regular in the
school since his joining
27 Abdul Halim Sonai NG HS The i/c Principal of Sonai Nitya Gopal H.S.
Laskar School School stated that the Petitioner Abdul Halim
Laskar got appointment and joined at Sonai M.V.
School on 24/08/2005. Subsequently Sonai M.V.
School was amalgamated with Sonai N.G. H.S
School on 01/08/2022 and Head Master of Sonai
M.V. School has submitted statement of post
details of Sonai M.V. School, a joining report of
16 nos. of employee of Sonai M.V. School. On
the both statement and joining report the name
of Sri Abdul Halim Laskar is not available.
After amalgamation of Sonai M.V. School with
Sonai NGHS School he has attended school and
maintain a separate attendance register by him
during the period of previous Principal i/c/ Sri
Baharul Islam Laskar and continued and
continued the attendance register upto
07/06/2024. Subsequently, the present Principal
i/c ceased the said attendance register as the
name of Abdul Halim Laskar is not available in
School UDISE portal, Shiksha Setu portal of
school. Meanwhile the present Principal i/c
Page 26 of 30
issued a non official certificate to Abdul Halim
Laskar on his repeated request on 07/06/2024
and after that his attendance register is closed.
28 Kh. Bantarapur The Head Master of Bantarapur M.E School
Rajendra MES stated that the petitioner Kh. Rajendra Singha
Singha had joined at Bantarapur M.E. School on
29/08/2005. The Head Master did not found any
record regarding attendance of the petitioners
29 Nilakanta Nutan The Head Master of Nutan Kanchanpur M.E.
Singha Kanchanpur School stated that the petitioner Nilakanta
MES Singha had joined his duties on 19/09/2005 and
attending school till date.
30 Ajoy Roy Nutan The Head Master of Nutan Kanchanpur M.E.
Choudhury Kanchanpur School stated that the petitioner Ajoy Roy
MES Choudhury have attended the school till
13/09/2012 and after that no attendance
recorded in his school.
31 Chayan Harina Public The Head Master of Harina Public M.E. School
Sharma MES stated that the petitioner Chayan Sharma was
appointed and attending school for the period
from 29/08/2005 to 12/03/2014. While he taking
Head Master charge then he did not find any
records regarding attendance of the petitioner
as the petitioner name was not included in the
UDISE code
32 Aziz Ahmed Choto The Head Master of Chotokachudaram M.E.
Mazumder Kachudaram School stated that the petitioner Aziz Ahmed
MES Mazumder was appointed as A/T at
Chotokachuram M.E. School on 20/08/2005 and
joined on 29/08/2005 and performed his duty.
The previous Head Master of Chotokachudaram
M.E. School did not hand over any documents
regarding Mr. Aziz Ahmed Mazumder for which
present Head Master have not records
attendance of the petitioner.
In view of the above as the case will be listed very shortly, the Govt. is
requested to issue necessary instructions to the undersigned in this regard.
Enclo: As stated above
Yours faithfully
Director.
Elementary Education, Assam
Kahilipara Guwahati-19
Page 27 of 30
Dated: 21st January, 2025″
15. The CID authorities have also filed an affidavit stating that
pursuant to the investigation in connection with CID police station case
number 09 of 2020 under section 120(B)/420/468/471/409 IPC
regarding alleged regularization of 193 numbers of teachers in Cachar
district. The department proceeded to investigate the matter and
sought for the relevant departmental files. Thereafter, Section 91 CRPC
notice was issued to the Secretary to the Government of Assam
Department of School Education, Dispur for furnishing the original
documents and the file containing the enquiry report on fake
appointment of teachers in the Cachar district but it was informed that
the required files are not traceable at the department and to that
effect, an FIR has already been lodged in the Dispur Police Station
regarding the missing files. However, till the time of filing the said
affidavit , these files were not traceable.
16. The learned counsel for the parties have been heard. Pleadings
available on record has been carefully perused. Although there are 80
petitioners in the present proceedings claiming for a direction for
payment of arrear salaries from the date of their regularization of their
services w.e.f from 20.08.2005 as well as their current salaries and
passed appropriate orders.
17. However, subsequently it appears that 32 numbers of petitioners
have placed certificates of continuity in their services in the respective
schools. However, the State authorities upon verification of the
certificates have brought their verification report in the affidavit which is
extracted in the forgoing paragraphs. According to the verification
made, it is found that the concerned school has maintained a separate
Attendance Register for these petitioners who claimed to be in service.
This information is not placed before the Court by the petitioner in thePage 28 of 30
first instance. In the writ petitions, there is no material placed that the
petitioners were required to sign in a separate register and/or as to
whether such separate registers were maintained, or directed to be
maintained by the school authorities under orders of the School
Authorities.
18. The Fact that the school authorities are maintaining a separate
register for the petitioners is also not questioned in the present
proceedings. As discussed pursuant to an order passed by the Court,
the matter is under the investigation by the CID, Assam and the said
investigation has also not come to a conclusion as on date. There are
no averments in the writ petition that the petitioners have acquired the
training and qualification necessary making them eligible to render
services as teachers or tutors. In the absence of all these essential
facts, it is not possible for the Court to arrive at a conclusive findings
for invoking its writ jurisdiction and directing the payment of arrear
salaries. The present writ petition has been filed in year 2012 but the
petitioners are seeking their arrear salaries with effect from the date of
initial appointment which is in the year 2005. There is no whisper in the
petition as to why the claims of the petitioners with regard to arrear
salaries have been sought to be pursued before this Court after gap of
seven years and as to how the writ petitioners have sustained
themselves without any salary while showing them to be in service by
maintaining a separate Attendance Register by the respective schools.
19. Under such circumstances. this Court is not inclined to invoke its
powers under Article 226 for passing any effective orders in the present
writ petition in view of the non-availability of the essential facts as
discussed above.
Page 29 of 30
20. The writ petition accordingly stands dismissed. No order as to
cost. Interim orders if any stands vacated. Pending I.As are also
dismissed.
JUDGE
Comparing Assistant
Page 30 of 30
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