Point of Law: Process of judicial interpretation lies in extending or applying by analogy ratio decidendi of an earlier case to a subsequent case which differs from it in certain essentials.

JUDGMENT :

M. Thakuria, J.

Heard Mr. M. A. Sheikh, learned counsel for the appellant/writ petitioner. Also heard Mr. R. Mazumdar, learned Standing Counsel, Education Department.

2. This intra-court appeal, under Article 226 of the Constitution of India read with Rule 2(2) of Chapter V. A of the Gauhati High Court Rules, has been preferred against the judgment and order dated 09.11.2017, passed by the learned Single Judge in WP(C) No. 3723/2012 and order dated 31.03.2021, passed in I.A.(C)/2232/2020, arisen out of WP(C)/3723/2012.

3. The case of the appellant/writ petitioner is that he was serving in a permanent post of Assistant Teacher in Jalukbari Girls’ High School and he was appointed, vide order dated 05.06.1995, under the Memo No. PC/SEC/58/92/54, issued by the Director of Secondary Education, Assam, Kahilipara, Guwahati. The post of subject teacher in English of All Assam Miri Higher Secondary School, North Lakhimpur, was created vide the Government Letter No. EPG.567/91/113, dated 16.11.1991, and the same was withdrawn and allotted to Jalukbari Higher Secondary School, Kamrup, Guwahati. But, without any notice and assigning any reason, the present appellant/writ petitioner was appointed temporarily as a subject teacher in Economics against the allotted post in Jalukbari Higher Secondary School, Kamrup, Guwahati, in the scale of pay of Rs. 1785-4200 P.M. plus other allowances as admissible under the Rules. As he was appointed as a subject teacher in Economics at Jalukbari Higher Secondary School, he resigned from the post of Assistant Teacher of Jalukbari Girls’ High School and joined as a subject teacher of Economics in the said Higher Secondary School and was drawing his salary regularly for 1 (one) year till May, 1996 and thereafter his salary was held up due to non-receipt of retention order from the Government of Assam.

4. Due to non-payment of the salaries, the appellant/writ petitioner, after a long gap of 10 years, filed a writ petition before this Court with a prayer for issuance of writ of mandamus and/or other appropriate writ or order or direction to the respondent authorities to regularize his service and to issue necessary retention order against his post and also to release the arrear salaries since June, 1996 and further to pay his current salaries regularly. The said writ petition was registered as WP(C) No. 5284/2006 and notices were issued to the respondent authorities. Accordingly, the respondents’ side filed their affidavit-in-opposition, wherein, it was specifically stated that the petitioner joined as a subject teacher in Economics at Jalukbari Higher Secondary School against newly allotted post of subject teacher in English, which was subsequently converted to Economics. The said post was lying unutilized at All Assam Miri Higher Secondary School, North Lakhimpur. It is also admitted that the appellant/writ petitioner was receiving salary regularly till May, 1996, but the salary of the appellant/writ petitioner could not be paid thereafter as there was no retention order against the said post. The concerned post was created by excess category and hence, it was not possible to release the salary of the petitioner without any retention order. Subsequently, another affidavit-in-opposition was filed by the respondent authorities stating that the appellant/writ petitioner was appointed against non-existent post. He was not formally terminated from the service as the matter was referred to the government.

5. The said writ petition was, however, dismissed by the learned Single Judge vide judgment and order dated 18.12.2006 and thereafter, challenging the said judgment and order, the appellant/writ petitioner filed a writ appeal before this Court, which was registered as WA No. 69/2007, wherein the respondent authorities filed their affidavit-in-opposition on various dates. The said writ appeal was disposed of on 17.03.2009 directing the respondent authorities to consider the prayer of the appellant by extendi