WP(C)/6520/2007 of SMTI HORESWARY MUCHAHARY and ANR Vs THE STATE OF ASSAM AND ORS on 20 December 2007

WP(C) 6520/2007

BEFORE

HON’BLE MR. JUSTICE P.K. MUSAHARY

Heard Mr. YS Mannan, learned counsel for the petitioners and also heard Mrs. M. Bordoloi learned Standing Counsel, BTC.

It is submitted that this case is squarely covered by judgment and orderdated 21.6.2005 passed in WP(C) No. 1118/2005 and other analogous matters. Following the said judgment and order, this Court also disposed of another writ petition being WP(C) No. 6275/2007 by order dated 12.12.2007. In terms of the aforesaid judgment and order dated 21.6.2005 and 12.12.2007 and as agreed upon by the learned counsel for the parties, this writ petition is disposed of in the light of the directions given and observations made by this Court, in the aforesaid batch of writ petitions on 21.06.2005 and the same shall be applicable to the cases of the present petitioners too provided that the petitioners fall within the limited number of 355 posts in respect whereof the directions were given by the order dated 21.06.2006, aforementioned. However, it is made clear that the payment of arrear salary of the petitioners shall be considered only on release of funds by the Government. This direction will be operative in respect of teachers, who have been duly appointed by the competent authority after due process of selection against existing vacancies.

This disposes the instant writ petition.