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2012 Supreme(Gau) 14

BIPLAB KUMAR SHARMA
Rukiya Khatun – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Mr. J.I. Borbhuyan and Mr. I.H. Saikia
For Respondents/Defendant: Mr. R. Sinha, SC, BTC

JUDGMENT

B.K. Sharma, J.

1. Heard Mr. J.I. Borbhuyan, learned counsel for the petitioners in W.P. (C) No. 5277/2010 as well as Mr. I.H. Saikia, learned counsel for the petitioners in W.P. (C) No. 3598/2010. I have also heard Mr. Sinha, learned SC, BTC. Both the writ petitions being on the same set of facts raising the same grievance, they have been heard together and are being disposed of by this common order.

2. According to the petitioners, they were regularly appointed as Assistant Teacher of L.P. Schools way back in 2001 (12.03.2001), but have not been paid their monthly salary. The prayer in the writ petition is to issue a direction to regularize their services and also to set aside and quash the Annexures-10 and 11 orders dated 26.052009 and 02.03.2009 by which it was conveyed that the very appointment of the petitioners were illegal. If the petitioners were regularly appointed, it is not understood as to why the petitioners have made a prayer for regularization of their services.

3. In the counter affidavit filed by the BTC, it has been stated that the petitioners were not appointed pursuant to any regular recruitment process and that they were illegally appointed against non-sa












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