LAWS(GAU)-2016-1-50

JAYASHREE DHAR Vs. STATE OF ASSAM

Decided On January 21, 2016
Jayashree Dhar Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) HEARD Ms. D. Borgohain, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing counsel, Elementary Education Department, appearing for respondent Nos. 1, 2 and 3; and Ms. J. Huda, learned Standing counsel, Finance, appearing for respondent No. 4.

(2.) THIS writ petition is filed by the petitioner praying for release of her salary from the date of regularization of her service with effect from 24.04.2998. The case of the petitioner is that her service was regularized with effect from 24.04.1998 by the Director of Elementary Education, Assam, in pursuance of a Government letter dated 09.12.1998, as a dropped teacher, against sanctioned post under the scheme of OBB (4040). However, in pursuance of Government letter dated A(I) E. 562/99/20 dated 27.09.1999, the Director of Elementary Education, Assam, had cancelled the order of regularization of the services of 52 nos. of teachers and the petitioner was one amongst such 52 nos. of teachers, whose regularization order was cancelled. The petitioner challenged the aforesaid order of cancellation in WP(C) 6496/1999 and this Court, by an order dated 22.12.1999, had provided, as an interim measure, that the service of the petitioner shall not be terminated.

(3.) IT appears that pursuant to a Government letter dated 25.11.2002 (Annexure -2), the cancellation of regularization order, in respect of the petitioner, who was working in Doboka Vidya Mandir M.E. School, was withdrawn. 20 nos. of teachers, out of the 52 nos. of teachers, whose regularization orders had been cancelled and, subsequently, withdrawn, had approached this Court in WP(C) 2741/2008, praying for redressal of their grievances on account of non -payment of salary from the date of their induction in service in the year 1998.