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2012 Supreme(Gau) 699

I.A.ANSARI, P.K.MUSAHARY
Monmohan Deka – Appellant
Versus
Assam State Higher Secondary School – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Mr. R.P. Sharma, Senior Advocate and Mr. D. Mazumdar, Advocate
For Respondents/Defendant:Mr. D.K. Mishra, Sr. Advocate and Mr. M.R. Pathak, Standing Counsel, Education Department

JUDGMENT

Ansari, J.

1. At the root of these appeals lies the controversy as to whether, while counting seniority of a Demonstrator under the Assam (Secondary Education) Provinciliased Service Rules, 2003, (in short, "the 2003 Rules"), the period of service, which the person concerned had rendered, in the post of Demonstrator, in a Higher Secondary School, shall or shall not be counted. A learned Single Judge of this Court has, by judgment and order, dated 06.08.2011, disposed of the writ petition, namely, WP(C) No. 4538/2009, by taking the view that the past services, rendered by the members of the petitioner Association, namely, Assam State Higher Secondary School (Government and Provincialised) Demonstrators Association, in the posts of Demonstrator, shall, under the 2003 Rules, be counted. In consequence of this finding, two letters, dated 30.09.2009 and 05.10.2009, which had been issued by the Government to the contrary and which stood impugned in the said writ petition, were set aside and quashed.

2. Writ Appeal No. 266/2011 as well as 274/2011 have been preferred by the persons, who alleged to have been adversely affected by the judgment and order aforementioned, and, according































































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