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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
MAORIA HAZOWARY – Appellant
Versus
THE STATE OF ASSAM AND 4 ORS – Respondent


Advocates:
['B C PATHAK', '', 'P PATHAK', 'J PHUKAN', 'SC', 'BTC', 'EDU', '']

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 preferre

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