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2011 Supreme(Gau) 202

HRISHIKESH ROY
Usha Rani Goswami – Appellant
Versus
State of Assam, represented by the Commissioner and Secretary to the Government of Assam, Education Department – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: K.N. Choudhury, Sr. Adv., I. Choudhury, A. Borah, R. Dubey andM. Mahanta, Advs.
For Respondents/Defendant: A. Deka, SC

JUDGMENT

Hrishikesh Roy, J.

1. Heard Mr. I. Choudhury, learned Counsel appearing for the Petitioners. Also heard Mr. A. Deka, learned Standing Counsel appearing for the Education Department.

2. The Petitioners who were appointed as Assistant Teachers in different M.E. Schools under the Guwahati Sub-Division, following selection made in the year 1993-94 by the Sub-Divisional Level Advisory Board, challenge the communication dated 6th June 2003 (Annexure-J), whereby the Authority of the District level officers of the Education Department to regularize the services of ad hoc appointees have been curtailed and the said power is vested only on the Director of Elementary Education. They also seek disbursal of their current and arrear salaries.

3. At the very outset, it is submitted by Mr. Choudhury that in pursuant to the interim order passed by this Court on 27th August 2004, the Petitioners are now receiving their current salaries and the only issue that is left to be determined is the right of the Petitioners to receive their arrear salaries from their respective date(s) of appointments in the year 1993-94.

4. Initially the salaries to the appointees were not disbursed by considering them


















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