REKHA DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. AK Maheswari, learned counsel for the petitioner and Mr. S. Munir, learned Govt. counsel appearing for the official respondents.

(2.) THIS writ petition has been filed with a limited prayer to direct the respondents to pay the arrear as well as current salary on the premise that she was appointed as Assistant teacherin the year 1989 and thereafter she joined the said post at Khajua Block LP School on 1.1.90. According to the petitioner, she is working in the said school from 1.1.90 till date and despite that the respondents stopped her salary intermittently. According to the petitioner, for non payment of the salary, a writ petition was filed in the year 1990 being CR No. 1759 of 1990. While disposing of the said writ petition, this court directed the Govt. to clear the pay and allowance for the period they have rendered service in the respective schools. After the aforesaid order, the Govt. terminated the services ofgood number of teachers and again stopped salary of the petitioner from 1994, which prompted the petitioner and few other teachers to file another writ petition, being CR No. 4971 of 1994. The said writ petition was disposed of by this court on 14.2.96 directing the respondents to examine if other teachers appointed by the same order were regularized in the service, the petitioner shall also be given the same benefit. THIS court also observed that if the petitioners were terminated from the services without any notice, such termination order shall stand set aside.

(3.) IN view of the aforesaid position, the respondents are hereby directed to make payment of entire arrear salary and also continue to pay current salary without any break, so long the petitioner is in service. An endeavour shall be made to clear the arrear salary within a period of three months from the date of receipt of a certified copy of this order.