1. The sole question, which calls for consideration in this writ petition, is whether, on the facts and circumstances of the case, the petitioner is entitled to payment of regular salary, past and present, in the post of Assistant Teacher of P.B. Dhirdatta Higher Secondary School with effect from January, 2006?

2. The facts of the case are hardly in dispute. The petitioner was admittedly included in the select list dated 8-8-1998 prepared by the District Level Selection Board for the post of Assistant Teacher in respect of Nalbari District. The relevant portion of his appointment order dated 30-10-1998 issued by the i/c Inspector of Schools, NDC, Nalbari is in the following terms:

“ORDER

On recommendation of District Level Selection Board and subject to discharge without notice and without assigning any reasons thereof, Sri/Smti Pradip Kr. Sarma, BA of Village Bandigheli is temporarily appointed as Assistant Teacher, P.B. Dhidatta Higher S. School against the resultant vacancy against upgradation of principal.

Sd/-

A. Choudhury,

I/C Inspector of Schools, NDC

Nalbari.”

3. Subsequently, by the order dated 11-5-1999, he was allowed to draw his salaries in the scale of pay of Rs. 3,580-8750/- plus other allowances as admissible under the rules with effect from the date of joining. As this order is likely to throw light of the nature of appointment of the petitioner, the relevant part of the said order is reproduced herein below:

“ORDER

Shri Pradip Kumar Sarma, who has been appointed as Asst. Teacher in P.B. Dhirdutta H.S. School vide this Office Memo No. APPTT/98700-7 dated 30-10-98 against the resultant vacancy of Principal of the School is hereby allowed to draw his salaries in the scale of pay of Rs. 3580-8750/- P.M. plus other allowances as admissible under rules with effect from the date of his joining.

The expenditure will be incurred from the balance amount of the salaries of Principal.

Sd/-

S.C. Sarma,

Inspector of Schools, N.D.C.

Nalbari.”

4. Apparently, the petitioner has been drawing regular salary till December, 2006 whereafter payment was abruptly stopped. When he applied for his General Provident Fund Account in the year 2006, the Principal of the school submitted a statement of his particulars to the Inspector of Schools, Nalbari in the month of February, 2006, who then forwarded it to the respondent No. 2 vide his letter dated 8-10-2007. But the GPF number has not been allotted to him till now. Since then, he has been approaching the respondent authorities time and again to release his salary and allot his GPF account number, but without any success. This is how he filed this writ petition.

5. Opposing the writ petition, the respondent No. 2 in his affidavit states that the petitioner was appointed against the resultant future vacancy by the Inspector of Schools, Nalbari vide the order dated 30-10-1998 in the school. According to the answering respondent, the post of Principal of Higher Secondary School is filled up by promotion from amongst Vice-Principal, subject teachers and graduate teachers having 17 years of teaching experience; he was thus appointed against a non-existent post. It is pointed out by the answering respondent that the Accountant General (AG), Assam allotted the GPF Fund number only to the incumbents having regular appointment; he is thus not entitled to allotment of GPF account number. As per the Service Rules, the select list is valid only for one year from the date of its publication. In the instant case, submits the answering respondent, the select list was published on 8-8-1998 which expired on 7-8-1999 and, as such, adjustment of the petitioner after 14 years of publication of the select list is not justified. It is also contended by the answering respondents that the petitioner cannot get any relief from this Court on the basis of relief granted to someone else if he is otherwise not entitled to under the law.

6. Having heard Mr. A. Dasgupta, the learned senior counsel for the petit