Irregular appointments do not confer rights to service regularization or pension benefits; res judicata bars relitigation of previously adjudicated claims.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned standing counsel, Secondary Education Department, appearing for respondent Nos. 1-3, Ms. M. Barman, learned counsel appearing on behalf of Mr. S.K. Medhi, learned standing counsel, Accountant General (AG) Assam, respondent No.5 and Ms. D.D. Barman, learned Additional Senior Govt. Advocate, Assam, appearing for respondent No.6.

2. In this petition, under Article 226 of the Constitution of India, the petitioner, Smt. Juri Baruah, has prayed for issuing direction to the respondent authorities for quashing the communication dated 12.09.2023 (Annexure-8), issued by the respondent No.2 and to direct the respondents to allow the petitioner to resume her service as Music Teacher of Bani Kanta Memorial H.S. School, Guwahati, by recalling the order of rejection of regularization of service of the petitioner dated 05.11.2012, issued by the Director of Secondary Education, Assam, or to pass similar order in respect of the petitioner in WP(C) No.3674/2011, dated 20.03.2012 (Annexure-10A), or alternatively to direct the respondents to grant voluntary retirement/compulsory retirement to the petitioner w.e.f. 01.12.2012 by moulding the order dated 05.11.2012 and to pay the petitioner GPF, GIS, leave salary, gratuity, commutation of pension, MACPS/ACPS, arrear salary, arrear pension, etc. within a specific period.

3. The background facts leading to filing of the present writ petition are briefly stated as under:-

The petitioner was appointed as Music Teacher vide order, dated 21.06.1994, by the Director of Secondary Education, Assam and posted her at Mirza Girls’ High School and she joined as such on 30.06.1994. Thereafter, the Director of Secondary Education, Assam, vide order dated 01.07.1994 transferred and posted her as Music Teacher at Bani Kanta Memorial H.S. School, Rehabari, Guwahati in the district of Kamrup(M).

The pleaded case of the petitioner is that the State respondents had initiated a process for regularization in the year 1996 and conducted interview. But, the said process could not be brought to its logical conclusion. Thereafter, this Court vide order dated 20.03.2012 (Annexure-10A) in WP(C) No. 3674/2011, in respect of one Ranjita Sharma alias Ranjita Devi, who was the petitioner in the said writ proceeding, who is also included in the list of 22 numbers of of Music Teachers, had directed the State respondents to consider the case of regularization of service of the said petitioner after conducting necessary enquiry and thereafter, the Director of Secondary Education, Assam, vide order dated 24.02.2015 (Annexure-10B) has regularized the service of the petitioner of the aforementioned writ petition. But, in case of the present petitioner, the Director of Secondary Education vide order dated 05.11.2012 (Annexure-3A), stopped the salary of the petitioner without conducting any hearing to the petitioner and she has neither been terminated from service in accordance with law nor any departmental proceeding has been conducted against her nor show-cause notice has been issued to her giving any opportunity to place her defense. Thereafter, the petitioner approached this Court by filing one writ petition, being WP(C) No.1004/2013 and this Court vide order dated 20.02.2018 was pleased to direct the respondents to pay salary to the petitioner.

Accord