ORDER

Date : 17-01-2018 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK Heard Mr. Bibhash Pathak, learned counsel for the petitioner. Also heard Mr. Abani Deka, learned Standing counsel, Education Department for the respondent Nos. 1, 2 and 5 and Ms. Rita Boro Bora, learned Standing counsel, BTC for the respondent Nos. 3 and 4.

2. It is contended by the petitioner that the Principal of Government College of Teachers Education, Kokrajhar, respondent No. 5 engaged him as a casual worker (Peon) on honorary basis w.e.f. 16.08.2006 and thereof he paid fixed monthly salary of Rs. 4500/- w.e.f. 01.09.2010 against a clear vacancy of Grade-IV (Peon) post in said College that fell vacant due to retirement of a regular Grade-IV Peon in it.

3. It is also contended by the petitioner that he was engaged with due permission from the Secretary of Education Department, Bodoland Territorial Council, Kokrajhar, respondent No. 3 as well as the Director of Education, Bodoland Territorial Council, Kokrajhar, respondent No. 4. The petitioner submitted that as he is serving continuously since 16.08.2006 as a causal employee (Peon) under the respondent No. 5 in said Govt. College at Kokrajhar, he has preferred this writ petition for a direction to the respondents herein to regularize his service as a Grade-IV (Peon) in said Government College at Kokrajhar considering his uninterrupted length of service.

4. Mr. Pathak, learned counsel for the petitioner placed before the Court that in terms of the Office Memorandum dated 25.02.2010 of the Finance Department, the State Government w.e.f. 01.02.2010 enhanced the fixed pay of casual employees of the State to Rs.4500/- per month and that the said OM dated 25.02.2010 reflects that prior to 01.02.2010 such casual employee of the State use to receive fixed pay of Rs. 3000/- per month. Mr. Pathak, therefore, submits that the petitioner herein is entitled to salary of Rs. 3000/- per month or @ Rs. 150/- per day for the period from 16.08.2006 to 31.08.2010, which was not paid to him. Mr. Pathak, also submitted that service of similarly placed fixed pay casual employee as that of the petitioner has already been regularised as Grade-IV employee in vacant sanctioned post, so he submitted that the case of the petitioner should also be considered for regularisation.

5. On instructions, Mr. Deka, learned Standing counsel, Education Department submits that though the State Government in the Education Department w.e.f. 16.11.2005 brought into force the Assam State Council of Educational Research and Training Service Rules, 2005, a statutory Rule under Article 309 of the Constitution of India regulating the recruitment and conditions of service of persons appointed to the Assam State Council of Educational Research and Training (SCERT) Service including that of Government College of Teachers Education in the State, but the said 2005 statutory Rules does not include any Rules regulating the recruitment of Grade-III and Grade-IV employees in such SCERT Service and that in the absence of any service Rules/Executive Orders in that regard, it is only the Assam Public Services (Direct Recruitment to Class-III and Class-IV Posts) Rules, 1997, a statutory Rule under Article 309 of the Constitution regulating the direct recruitment to Class-III and Class-IV posts in the offices of the Heads of Department, Regional Office, District Offices, the Divisional Offices and below District Level Offices, is applicable for recruitment to any Grade-III and Grade-IV post in the SCERT service and also in the Government Colleges of Teachers Education of the State, where it isthe Director of SCERT is the appointing authority to those posts.

6. Mr. Deka also submitted that as per the provisions of said 1997 Rules, such post of Grade-III and Grade-IV are to be filled up by way of direct recruitment after due process of advertisement and selection as prescribed in said 1997 statutory Rules in order of merit with due regard to the provisions of the reserv