WP(C) 6821/2003 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. SK Sinha, learned counsel for the petitioner and also heard Mrs. M. Go goi Medhi, learned Standing counsel for the Education department who represents the respondents. 2) After some posts of Hindi Teacher (Sr. Grade) was created vide G ovt. Letter No. EPG.567/91/113 dated 16.11.91, one of the created posts was allo wed to the Chaitanya Nath Public High School, Vidyanagar, Karimganj, and by the appointment order dated 10.1.94 (Annexure-C), the petitioner was temporarily app ointed for 3 months as a Sr. Hindi Teacher in the said school. The petitioner s ubmits that extension of the appointment was given thereafter, from time to time but he has not been paid his salary since June, 1996. 3) Through the General Notice issued by the Director of Secondary E ducation, Assam on 3.3.98, all the working Hindi Teachers were asked to appear b efore the Screening Committee on 23.3.98 and accordingly, the teachers working i n the schools of Karimganj district, appeared before the Screening Committee on 23.3.98. 4) As there was delay in regularization of services of Hindi Teache rs, representation was made by All Assam High School Hindi Teachers’ Association and according to the decision taken with the Association in the chamber of the Education Minister on 10.8.98, as communicated by the Joint Director of Secondar y Education, Assam on 29.4.99 (Annexure-I), it was decided that the excess Hindi Teachers appointed beyond the sanctioned vacancies, should be adjusted in resul tant vacancies in regular posts. 5) Mr. Sinha, the learned counsel for the petitioner produces a Com munication dated 25.5.04 of the Director of Secondary Education, Assam, to the d epartmental Commissioner & Secretary to show that 35 Nos. of excess Hindi Teache rs of Karimganj district including the petitioner, were required to be adjusted in regular vacancies and out of the recommended 35 teachers, only one teacher i. e. Smti. Aloka Sonowal, has been adjusted and the fate of the remaining 34 teach ers is left undecided by the Government. 6) Since, no departmental counter affidavit has been filed in this case; the learned Standing Counsel finds it difficult to make any submission on the contention(s) raised by the petitioner. But from the Communication dated 2 9.4.99 of the Joint Director of Secondary Education, Assam, it is apparent that a decision was taken by the Government to adjust the excess Hindi Teachers in re gular resultant vacancies. It further appears from the Communication dated 25.5 .04 issued under Memo No.GIS/HE/CC/106/2003/6 of the Director of Secondary Educa tion, Assam, that specific recommendation for 35 Nos. excess Hindi Teachers of K arimganj district was made and only one amongst the recommended 35 Hindi Teacher s, has been adjusted by the Government. 7) Having considered the recommendation and the action taken for at least some of the recommended Hindi Teachers, I feel that the respondents shoul d take a decision for petitioner as well as he deserves to be informed of the Go vt. decision. Accordingly, this case is disposed of by directing the respondent authorities to take necessary steps to appropriately consider the recommendation made by the Director of Secondary Education, Assam, on 25.5.04 for regularizati on of the excess Hindi Teacher of Karimganj district by considering the earlier decision taken by the Government as reflected in the Communication dated 29.4.99 of the Joint Director of Secondary Education, Assam. Upon such consideration, consequential benefits should be given to the petitioner. The necessary exerci se in this regard shall be carried out within 4(four) months from the date of re ceipt of certified copy of this Court’s order. The petitioner is permitted to a pprise the respondents of this direction(s). A copy of the Communication dated 25.5.04 produced by Mr.Sinha, learned counsel for the petitioner be kept on reco rd. 8) The writ petition stands disposed of.