RUPALI BORO Vs. STATE OF ASSAM AND ORS

JUDGEMENT

(1.) The show cause notice dated 8.9.2006 as well as the order dated 22.12.2006, terminating the Petitioner's service as Assistant Teacher of a Lower Primary School of the State comprise the subject-matter of challenge in the instant proceeding.

(2.) I have heard Mr. A.S. Choudhury, senior advocate assisted by Mr. I.H. Saikia, advocate for the Petitioner and Mr. A. Deka and Ms. M. Gogoi Medhi, learned Standing Counsel, Education Department, Assam.

(3.) In brief, the Petitioner's recorded case is that the Deputy Inspector of Schools, Nalbari with the prior approval of the Sub-Divisional Elementary Education Advisory Board, Nalbari by his order dated 30.5.1995 appointed her as a stipendiary teacher on ad hoc basis for a period of three years and posted her at No. 2 Ghoga Tribal LP School on a monthly stipend of Rs. 900. After her such appointment against a post sanctioned by the Director of Elementary Education, Assam, vide Memo No. EPD/P/21/92/147-A, dated 12.1.1993, she was by order dated 18.8.1995 of the Block Elementary Education Officer, Barkhetri transferred and posted her in the same capacity at Chungabari LP School. It was, thereafter, that her initial term of ad hoc appointment was extended until further orders by the order dated 7.9.1995 of the Deputy Inspector of Schools, Nalbari as dissolved by the Advisory Board for Elementary Education, Nalbari vide its Memo No. 2, dated 6.8.1995. In terms of the order 7.9.1995, the Petitioner was to initially receive a stipend of Rs. 900 per month to be deputed to undergo Junior Basic Training course. The letter also mentioned that she would receive regular scale of pay and allowances as per the relevant rules on her successful completion of the said training.