GITANJALI DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The successive challenge laid by the Petitioner centre around her claim for arrear salary as Assistant Teacher for the period 11.04.2001 to 28.02.2005 with the D. N. D. Anchalik High School (hereafter for short referred to as the School). Though notice of the instant proceeding was issued to the Respondent No. 4 in W.P.(C) 1218/2009 by registered post with A/D, he has chosen to abstain therefrom. In W.P.(C) 4129/2007, however, he has filed his counter.

(2.) I have heard Ms. N. Saikia, learned Counsel for the Petitioner and Mr. U. K. Goswami, learned Standing Counsel, Education Department for the official Respondents.

(3.) The Petitioner has pleaded that following a selection initiated by an advertisement dated 28.02.1996, she was appointed as Graduate Teacher in Sanskrit in the School vide order dated 31.03.2001 to that effect passed by the Inspector of Schools, KDC, Guwahati. Though in terms of the advertisement, she was entitled to pay in the scale of Rs. 1,375-3,375/- per month, the order of appointment mentioned to be fixed salary of Rs. 2500/-. According to the Petitioner, however, the above notwithstanding, she had joined the services on 11.04.2001 and continued to render her service without any break. As her repeated appeals to the authorities concerned along with others similarly situated for the pay scale failed to evoke any response, she together with them instituted WP(C) 1805/2002 which was disposed of on 28.06.2005 directing the departmental authorities to release their arrear as well as current salary in terms of the scale of pay referred to in the advertisement dated 28.12.1996.