MANITA DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Denied of the elusive salary arrears for the period from 28.9.2000, when her service was said to be regularized in the post of Assistant Teacher, to 7.9.2005 when she started to receive her current salary on the basis of the interim order passed by this Court, the petitioner is initiating this fourth round of litigation against the State -respondents.

(2.) Though the facts pleaded by the petitioner are many, the facts really material for the decision of this Court lie in a narrow campus. By the order dated 28.9.2000 issued by the respondent No. 4 (District Elementary Education Officer, Kamrup), the service of the petitioner was regularized against the post of Assistant Teacher in Adarsha M.E. School in the pay scale of Rs.3,130 -6,600/ - per month with immediate effect. The order of regularization was issued in compliance with the order dated 31.11.1998 of this Court in WA No. 474/94. It is the specific case of the petitioner that she, after the regularization of her service, had been working in that post regularly and to the satisfaction of all concerned. However, when no salary, current or otherwise, was paid to the petitioner for a considerable period of time despite reminder by her from time to time, she once again approached this Court by filing WP(C) No. 6179/05 for payment of her salary. This Court by the interim order dated 7.9. 2005 directed the respondent authorities to pay her salary with effect from September, 2005 on regular basis. The writ petition was ultimately disposed of on 10.2.2009 by this Court by directing the respondents to refer her case to the Committee constituted by this Court in Sudhendu Mohan Talukdar Vs. State of Assam and ors in WP(C) No. 2147/1999.

(3.) When no action was, however, taken by the respondents even after the aforesaid direction, the petitioner once again filed WP (C) No. 6237/2011 before this Court again seeking its intervention. This Court had observed therein that the matter was already referred to the Committee and, therefore, disposed of the writ petition by directing the Commissioner/Secretary, Education (Elementary) Department, Government of Assam, to refer the claim of the petitioner to the Committee for payment of the said salary arrears. At this stage, it may be noted that the Commissioner/Secretary, Education (Elementary) Education Department, Government of Assam in her affidavit filed in connection with Contempt Case No 106/13 had stated in paragraph 6 that the salary of the petitioner from 28.9.2000 to 6.9.2013 could not be released to her "due to non -availability of retention of posts." She had also stated therein that the particulars of the petitioner had been sent to the Director of Elementary Education, Assam for retention (of her post?). She had further stated therein that the Director of Elementary Education, Assam vide his letter dated 24.9.2013 had requested the Government to create a supernumerary post for the period in question so that the salary arrears of the petitioner could be paid. However, the Committee in its meeting held on 30.1.2014 passed the impugned order accepting the recommendation of the Expert Committee for rejection of the claim of the petitioner on the ground that before her regularization on 1.9.2005, she had been working in a non -existing post i.e. without post and was not appointed as per Govt. existing rules and procedure. This is evident from the letter dated 3.2.2014 of the Joint Secretary to the Government of Assam, Education Department addressed to the learned Senior Standing Counsel, Education Department. Aggrieved by this, the petitioner is once again approaching this Court in this writ petition.