WP(C) 7413/2004 BEFORE THE HON’BLE MR JUSTICE P.K. MUSAHARY Heard Mr. P. Upadhyay learned counsel for the petitioner and also heard Mrs. M. Gogoi Medhi, learned Standing Counsel, Education Department. The petitioner claims that he has been serving as an Assistant teacher i n Adarsa Millan M.E. school from 17/01/1981. The Managing Committee of the schoo l appointed him in the said post. The aforesaid school was provincialised on 01/ 02/1988 and services of other teaching staff were regularized, but the regulariz ation of petitioner’s service was left out. Subsequently, the petitioner approac hed this Court by filing Civil Rule No. 2025/1988 for regularization of his serv ice. The Court vide an order dated 21/12/1992 disposed of the aforesaid writ pet ition (Civil Rule) with a direction to the respondents to regularize the service of the petitioner as Assistant teacher and post him in any other school or else where in that locality. In pursuance of the aforesaid order, the respondent Dist rict Elementary Officer, Nalbari, passed an order dated 04/09/1993 (Annexure-3 t o the writ petition) regularizing the services of the petitioner with immediate effect against the allotted post vide this office order No. EE/Nal/Middle/87/67 14-18 dated 04/09/1993 . In the light of the aforesaid order, the service of the writ petitioner stood regularized w.e.f. 04/09/1993. The petitioner is not satisfied with the af oresaid order and has made a prayer to the effect that regularization of his ser vice be given effective retrospectively from 01/02/1988, i.e. the date on which the regularization was given in respect of service of Asstt. teachers who were j unior to the petitioner, along with all financial and service benefits. It may be noted that the regularization order was passed as far back as on 04/09/1993 and if the petitioner was dissatisfied with the same, he was suppo sed to make representation before the authorities concerned. However, the petiti oner made statements in the writ petition that such representation was filed on 05/11/1993 followed by reminders dated 05/05/1994 and 05/08/1994. Copy of the aforesaid representation claimed to have been filed by the p etitioner has not been annexed to this writ petition. But the fact remains that after 05/08/1994 the petitioner filed no other representation. The petitioner was not pursuing the matter since 1994 and only after a l apse of about 10 years, he has approached this Court by filing the instant writ petition on 29/09/04. The order releasing the service of the petitioner vide order dated 04/09 /1993 makes it clear that his regularization was made against the allotted post and there is no indication that the regularization was made retrospectively. Mr. Upadhyay, learned counsel for the petitioner submits that if his ser vice is regularized w.e.f. 01/02/1988 it will not affect any party as because he is claming only financial and service benefits without dislocating any candidat e or teacher. It appears that if the aforesaid regularization is given effect from 01/ 02/1988 as approached by petitioner, it will involve sufficient financial implic ation. Besides the petitioner has approached this Court after a delay of long 10 years, which can be treated as inordinate. On that ground alone, this writ peti tion can be dismissed without going into the merit of the case. This Court is not in a position to make any observation as to whether by giving effect to the aforesaid regularization order from 01/02/1988 somebody wo uld be affected or not. This aspect of the matter can be addressed by the respon dent authorities. In view of the above, I dispose of this writ petition with a direction to the pe titioner to file a fresh representation giving in details his grievance before t he Director, Elementary Education, Assam, respondent No. 2 within 2 (two) weeks from today and on receipt of such representation, the respondent Director shall consider and dispose of the same as per his entitlement in accordance with law w ith a speaking order and the same be communicated to the petitioner. The matter stands disposed of.