Appointments made without following statutory rules are deemed illegal, and such appointees are not entitled to claim salaries or relief under the Constitution.

JUDGMENT :

SOUMITRA SAIKIA, J.

The petitioners before this Court were appointed as Assistant Teachers in various M.E. Schools in the Cachar district by the District Elementary Education Officer, Cachar, vide the appointment letters dated 29.11.1994 upon being approved by the Sub-divisional Level Advisory Board. However, their appointments stood cancelled on the ground of appointment being made against non-existent posts. Being aggrieved, the petitioners approached this court by filing C.R Case No. 324 of 1995. By order dated 20.01.1995 passed in CR 324/95. This court directed the respondent authorities not to oust the petitioners from their services and also directed the authorities to release their salaries regularly. Pursuant to the order passed by this Court, the District Elementary Officer, Cachar by order dated 31.03.1995 reinstated the services of the petitioners in their respective posts with all financial benefits with effect from the date of their joining. Subsequently, the Chief Secretary by notification dated 09.09.1996 directed an administrative enquiry to be conducted by Sri S. Manoharan, who was the then Commissioner of Lower Assam and Hills and Barak Valley Division, to enquire into the irregularities and illegal appointments of the school teachers in Primary, Middle, High and Higher Secondary Schools of Assam during the period 01.03.1991 to 30.04.1996. Pursuant to the said enquiry conducted it was followed by the Task Force/District Level Screening Committee/Departmental Screening Committee and thereafter the services of 193 teachers of M.E./M.E.M./M.V./Senior Basic and Government Senior Basic Teachers working in the district of Cachar were regularized. The services of the petitioners were also regularized by the Director of Elementary Education, Assam vide his order under memo number EMA.54/2005/13 dated 20.08.2005 with effect from their date of joining against vacant posts in the scale of pay for Rs. 3130/- to Rs.6600/- per month plus other allowances. The petitioners were adjusted against the vacant posts of assistant teachers caused due to transfer/retirement at the respective ME schools in the district of Cachar. It is the case of the petitioners that since their adjustments, they have been working regularly and continuously without any break to the utmost satisfaction of their higher authorities till date.

2. The present proceedings are initiated by the petitioners as they are aggrieved that in spite of discharging their duties regularly till date, their arrear salaries as well as the current salaries have not been paid yet by the respondent authorities inspite of series of communications and the verbal requests made by the petitioners for which they are suffering from extreme financial hardships inspite of submitting recommendations time and again before the Finance Department for necessary concurrence.

3. This writ petition subsequently heard on 08.05.2013 and by an order passed by Co-ordinate bench by following the Judgment rendered in WP(C) No. 7492 of 2005 (Abdul Kayum vs State of Assam) and by placing reliance on the judgments of the Apex Court rendered in Nazira Begum Laskar -vs- State of Assam reported in (2001) 1 SCC 143 ; A. Umarani vs Registrar, Cooperative Societies reported in (2004) 7 SCC 112 and State of Assam vs Protima Das reported in 1997 (3) GLT 7 it was held that the executive powers under Article 162 of the Constitution cannot be invoked to regularize the services of those who were appointed by disregarding the due process prescribed un