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2. In this petition, under Article 226 of the Constitution of India, two petitioners, namely, Debdut Nath and Nadul Chandra Dey, have prayed for issuing direction to the respondent authorities to adjust/re-adjust the services of the petitioners against the existing vacant posts as shown and proposed in the proposal submitted in SIU(Finance) format vide Annexure-10A by granting necessary approval from the Finance Department, Govt. of Assam without any break of their services by clarifying/holding that the order of restrainment dated 19.01.2009 passed in WP(C) No.5569/2002 and batch, vide Annexure-12, is not binding/applicable in case of the petitioners whose services were 2021:GAU-AS:15135 regularized way back in the year 2006 vide order dated 30.01.2006 and also direct the respondent authorities to pay the petitioners their arrear salary w.e.f. June, 1994 till the date and onward current salary regularly and further to grant other service benefits which the petitioners are legally entitled to and also for quashing and setting aside the condition attached to the impugned order dated 30.01.2021 to the effect that the petitioner would get prospective effect from 01.11.2020 only and that he cannot claim any benefit whatsoever in respect of his first service rendered by him prior to 01.11.2020.

3. The background facts leading to filing of the present petition is briefly stated as under:-

"The petitioners were appointed as Assistant Teacher in M.E. School against newly created posts in the time scale of pay vide individual appointment orders dated 28.02.1994, issued by the District Elementary Education Officer (DEEO), Bongaigaon, as per approval of the Advisory Board and on the basis of their performance in the selection process and they used to work as Assistant Teachers since their date of joining till date, continuously. Initially, they have received salary for a period of 3 months i.e. upto May, 1994. But suddenly the salary of all the teachers including the petitioners, who were appointed against the posts created by the Government vide order dated 16.11.1991, were stopped on the ground that their appointments were found to be illegal as per the Monoharan Committee Report. However, their services were not terminated and they continued to be served without any salary. Thereafter, a Cabinet decision was taken in its meeting held on 24.02.2005 to regularize the services of those teachers who were illegally and irregularly appointed as per the 2021:GAU-AS:15135 Monoharan Committee Report after screening by the Task Force/District Level Screening Committee, in phase manner and as per the said Cabinet decision and after screening by the Departmental Screening Committee/Task Force, the services of 125 nos. of teachers including the petitioners were regularized with effect from their respective date of joining against the vacant posts as per the list enclosed therein in the scale of pay of Rs.3130- 6060/- p.m. plus other admissible allowances, vide order dated 30.01.2006 of the respondent No.3. The name of the petitioner No.1 appeared at Sl.No.36 and his service was proposed to be adjusted at Vivekananda Vidyapeeth M.E. School vide one Ranjit Chakraborty, Assistant Teacher (Retd.) and the name of the petitioner No.2 appeared at Sl.No.79 and his service was proposed to be adjusted at New Bongaigaon M.E. School vide one Gouranga Das, Assistant Teacher (Retd.). Accordingly, both the petitioners joined their new place of posting on 15.02.2006 and 10.02.2006, respectively and the same was informed by the respective Headmaster to the DEEO, Bongaigaon. But the respondent authorities did not pay any response and then the petitioners have filed one application under the Right to Information Act and in response to the same, vide letter dated 22.07.2008 the Director of Elementary Education (DEE), Assam, informed the petitioner No.2 that as their particulars in the proposal submitted by the respondent No.4 are found not correct, the proposal for their adjustment could not be sent to the Government along with other 6 teachers at that time. But subsequently, the correct particulars of the petitioners have been received and the SIU proposal has already been sent to the Government vide DEE, Assam's letter No.EMA.8/2005/Pt./297 dated 02.06.2008 and it was further 2021:GAU-AS:15135 informed that for the readjustment of the services of the petitioners against the vacant posts, the proposal of SIU(Finance) format has been sent to the Government for approval and the matter is under consideration of the Government.

(iii) Pursuant to the said Cabinet decision, the Director of Elementary Education passed an order in that respect on 30.01.2006 along with the list of 125 teachers so regularized, the petitioner's name being in the list of 125 teachers under Sl.No.36.

(iv) The petitioner No.1 was posted in Vivekananda Vidyapeeth M.E. School but when he joined there, he found a teacher was already working and this is how the question of adjustment arose and therefore, on 15.07.2009, the District Elementary Education Officer, Bongaigaon, submitted SIU for fresh proposal for readjustment of the petitioner in the Shantidham Kalibari M.E. School, Bongaigaon against the post of Shishu Ranjan Kar, Assistant Teacher (Retd.) and the same was sent to the Director of Elementary Education.

(iii) Pursuant to the said Cabinet decision, the Director of Elementary Education passed an order in that respect on 30.01.2006 along with the list of 125 teachers so regularized, the petitioner's name being in the list of 125 teachers under Sl.No.36.

(iv) The petitioner No.1 was posted in Vivekananda Vidyapeeth M.E. School but when he joined there, he found a teacher was already working and this is how the question of adjustment arose and therefore, on 15.07.2009, the District Elementary Education Officer, Bongaigaon, submitted SIU for fresh proposal for readjustment of the petitioner No.1 in the Shantidham Kalibari M.E. School, Bongaigaon against the post of Shishu Ranjan Kar, Assistant Teacher (Retd.) and the same was sent to the Director of Elementary Education.