AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. M.H. Choudhury, learned counsel for the petitioner and Mr. K. Gogoi, learned Standing Counsel for Higher Education Department.
The petitioner was appointed as a Lecturer in the Department of Political Science of Lanka Mahavidyalaya as per the recommendation of the
Selection Committee in its meeting held on 19.11.1994. Accordingly, the Principal/Secretary of the College had issued an appointment letter dated
11.11.1994 to the petitioner. Since then, the petitioner had been rendering her service to the satisfaction of all concerned. Although the petitioner
was appointed after a selection by the Selection Committee, but at that relevant point of time, the post of Lecturer in the Political Science
Department of the concerned college was not a sanctioned post. Accordingly, the petitioner continued to serve against a non-sanctioned post.
In the year 2004, there was a policy decision of the Government of Assam to rationalize the services of such Lecturers, who were working
against non-sanctioned posts by diverting unutilized posts in other departments or other colleges for the purpose of their regularization.
Consequently, the case of the petitioner also ought to have been considered pursuant to such process initiated by the Government of Assam. In this
writ petition, the petitioner is aggrieved inasmuch as, the process of rationalization/regularization of the petitioner against the converted unutilized
post was not further proceeded with pursuant to a request of the then Minister of Irrigation and Soil Conservation, Assam made to the Director of
Higher Education, Assam by a communication dated 03.09.2013. As per the said communication of the Minister, the process for diversion of a
post of Bengali subject was required to be stopped. In the aforesaid circumstance, this present writ petition has been preferred.
Mr. K. Gogoi, learned Standing Counsel for Higher Education Department in course of the hearing of the matter has produced a communication
dated 29.12.2017 from the Joint Secretary to the Government of Assam, Higher Education Department addressed to the Director of Higher
Education, Assam, wherein the approval of the Government of Assam for regularization of the Services of 99 numbers of college teachers as per
the list enclosed therein, was communicated. As per the enclosed list of 99 teachers, the name of the petitioner finds place at Serial No.73 in
respect of Lanka Mahavidyalaya. Accordingly, it is submitted that the grievance raised by the petitioner in this writ petition about non consideration
of her claim for rationalization/regularization against a sanctioned post had been taken care of. A photocopy of the communication dated
29.12.2017 including the list of 99 teachers containing the name of the petitioner is kept on record.
As the case of the petitioner had been favourably considered, it is an agreed stand of the learned counsel for the parties that no further
adjudication is required in this writ petition. Accordingly, the writ petition stands disposed of in the above manner. However, in the event of any
further grievance, liberty is granted to the petitioner to approach the Court again.