The court affirmed that the petitioner, having been appointed prior to provincialization, has a right to regularization based on continuous service as established by credible documentation.

JUDGMENT :

RAJESH MAZUMDAR, J.

Heard Ms. K. Devi, learned counsel for the petitioner. Also heard Mr. B. Talukdar, learned Standing counsel for the Elementary Education department.

2. The primary challenge in this writ petition is to the impugned order dated 18.04.2023 passed by the Secretary to the Government of Assam, Department of School Education on 18.04.2023 rejecting the claim of the petitioner for regularization/provincialsation of his services.

3. The matter has a chequered history. The petitioner claims to be appointed by the order dated 15.01.1988 issued by the Headmaster Bhogpur M.E Madrassa according to the decision of the Managing Committee of that relevant point of time. The approval for the appointment of the petitioner came on 10.01.1992 approving the appointment order dated 15.01.1988. The school came to be provincialised in the year 1991 and since the particulars of the present petitioner had been dropped from the detailed particulars submitted for provincialisation at that point of time, the petitioner could not avail the benefits of provincialisation at that point of time. Several similarly situated persons had approached this Court by filing writ petitions, one of them being C.R No. 157/1998 titled Jiban Chandra Deka & Others-Versus- State of Assam & Others. The aforesaid writ petitions were disposed by directing the respondent authorities to frame a Committee to look into the grievances of the petitioner therein. The relevant portion of the order dated 01.09.2003 is reproduced herein below for a ready reference;

“6. in view of the above, this bunch of cases will stand now disposed of with the following directions:

(i) The cases of the petitioners in each of the cases will be considered in accordance with the norms, criteria and eligibility conditions prescribed by the policy document dated 13.1.2003 subject to the modification in Condition Nos.1 and 2, as stated above.

(ii) The Chief Secretary to the Government of Assam, shall within 7 days from today, constitute a Committee to examine the cases of the petitioners in the present bunch of case and such other cases, as may be referred to the said Committee, from time to time, by this Court. As the said Committee will be executing and implementing the policy decision taken by the state, this Court considers appropriate to leave it to the discretion of the Chief Secretary to the Government of Assam to decide on the composition of the Committee with the suggestion that the Committee may be a high powered Committee consisting of 3 members and the present Secretary to the Government of Assam, Education Department may act as the Member-Secretary

(iii) The Committee, upon due verification of the cases before it, shall within 6 months from the date of a constitution, prepare district wise lists of "dropped teachers" eligible for regularization in terms of the norms and criteria laid down as per direction No. above. The eligible persons, on being identified, shall be arranged in the district wise lists, in order of seniority.

(iv) Suitable adjustments in the placements assigned in the district wise lists, as may be required, upon consideration of such other cases which may be referred to the Committee in the future, shall be made by the Committee.

(v) Appointment against available posts in each district shall be made on the basis of the lists prepared.

(vi) All appointments made would be prospective but will carry the benefit of past services for the purpose of computation of pensionary benefits.

6. All the writ petitions s