High Court
Case Details
WP(C) 9773/2003 BEFORE HON’BLE MR. JUSTICE N.KOTISWAR SINGH Heard Mr. G.Uzir, learned counsel appearing for the petitioner. Also heard Mr. R .M.Das, learned counsel appearing for the State Education Department and Ms. B.C hakraborty, learned counsel appearing for the respondents No.4, 5 and 6. The case of the petitioner is that the petitioner was initially appointed as a lecturer in Chemistry Department in Haflong Government College un der Regulation 3(f) of Assam Public Service Commission (APSC)(L & F) Regulation, 1951 vide order dated 23.3.2001 (Annexure-A). While serving as lecturer in Hafl ong Government College in the Chemistry Department as stated above, the petition er took part in the recruitment processes for regular appointment as lecturer th rough the Assam Public Service Commission. However, even though the name of the petitioner was also included in the select list, the petitioner was not given r egular appointment and thereafter, the service of the petitioner was terminated vide order dated 30.8.2003 issued by the Respondent No.1. The petitioner has ch allenged the said termination order dated 30.8.2003 (Annexure-D) by which the St ate Government terminated the services of 32 teachers including the petitioner o n the ground that even though the candidates including the petitioner were sel ected, they stood beyond the zone of consideration considering the specializatio n, reservation according to Roster Points and clearance of back-log. The State respondents as well as the North Cachar Hills Autonomo us District Council, now renamed as Dima Hasao Autonomous Council, have filed th eir respective affidavits-in-opposition. In the affidavit-in-opposition filed by the respondents No.3,4, 5 and 6 (the Dima Hasao Autonomous Council and others), it has been stated that in terms of the rules framed under the provisions of Sixth Schedule to the Con stitution of India and the Memorandum of Understanding reached after the creatio n of the Karbi Anglong Autonomous District Council (renamed as Dima Hasao Autono mous Council), while making any posting and transferring of officers relating to the entrusted subjects/departments in or out of the Council, the Council shall be consulted by the State Government.
Decision
It has been stated that in the present case, while posting the p rivate respondent No.7 as a lecturer in Chemistry Department of Haflong Governm ent College, the Dima Hasao Autonomous Council was not consulted by the State Government and accordingly, the respondent No.7 was not allowed to join the said college. It has been also stated on behalf of the Dima Hasao Autonomous Council that the writ petitioner has not been released from her post as lecturer in Che mistry Department from the Haflong Government College till now. The State respondents in their affidavit have stated that the pe titioner was initially appointed as a lecturer in the Department of Chemistry, Haflong Government College by State Government under Regulation 3(f) of APSC (L & F) Regulation, 1951 and even though she was also selected for appointment to the post of lecturer in Chemistry on regular basis by the Assam Public Service C ommission, the petitioner could not be accommodated as the petitioner was beyond the zone of consideration considering the specialization, reservation accordin g to Roster Points, clearance of back-log of vacancies etc. and accordingly her service was terminated. However, the service of the petitioner was retained by t he Dima Hasao Autonomous Council under contractual appointment vide order dated 3.9.2005 issued by the Council and the petitioner continues to work as lecturer in the Department of Chemistry, Haflong Government College. The State Government also stated that the Council does not have the authority in the matter of appoi ntment of lecturer in the Government Colleges and as such, the Council will be r esponsible for making payment of pay and allowances of the petitioner if her ser vice is continued by the Council. Heard the learned counsel appearing for the petitioner as well a s for the respondents. From the above factual background, what transpires is that the p etitioner was initially appointed as a lecturer in Chemistry Department, Haflong Government College by the State Government under Regulation 3(f) of APSC (L & F ) Regulation, 1951. Though selected for appointment on regular basis by the Assa m Public Service Commission, the petitioner could not be appointed on regular ba sis in terms of the recommendation of the APSC as there was no vacancy after con sidering the aspects of specialization, reservation according to Roster Points a nd clearance of back-log vacancies and accordingly, the State Government took th e decision to terminate the service of the petitioner vide order dated 30.8.2003 . However, the Dima Hasao Autonomous Council in which the Haflong Government Col lege is located, had taken a decision not to allow the respondent No.7 so recom mended by the State Government for appointment as lecturer in Chemistry Departme nt in the Haflong Government College on the ground that at the time of posting of the respondent No.7 to Haflong Government College, the consent of the Dima Ha sao Autonomous Council was not obtained and considering the requirement of the C ollege, the Dima Hasao Autonomous Council continued the service of the petitione r on contractual basis. Therefore, it is not in dispute that the service of the petitioner is continuing under the Dima Hasao Autonomous Council though on contr actual basis for the reasons stated above. Even though this Court is not inclined to interfere with the te rmination order dated 30.8.2003 issued by the State Government terminating the s ervice of the petitioner, who was earlier appointed under Regulation 3(f) of AP SC (L & F) Regulation, in view of the fact that the petitioner is still continui ng in service on the strength of appointment order issued by the Dima Hasao Auto nomous Council on 03.9.2005 which fact has also been noted by the State Governme nt in their affidavit-in-opposition, this Court is of the view that the State re spondents as well as the Dima Hasao Autonomous Council would take an appropriate decision in consultation with each other and decide on the issue of continuati on of the service of the petitioner in accordance with law. With the above observation, the present writ petition stands dis posed of.