RIVA BORKATAKY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Mr. A.C. Borbora, learned Senior Counsel with the assistance of Ms. N. Dey, learned counsel has appeared for the petitioner. Also heard Mr. P.K. Bora, learned Standing counsel for the respondent Elementary Education Department.

(2.) This writ petition had been instituted by the petitioner claiming salaries from 28/12/1999 till 12/8/2010 and also for direction to the respondent authorities to consider the service rendered by the petitioner to the Department to be eligible for the benefits of the Old Pension Scheme under the Assam Services Pension Rules, 1969. Although an alternate prayer had been made in the writ petition to direct the respondent authorities to release the pensionary benefits to the petitioner under the New Pension Scheme, since the petitioner had already retired, such alternate prayer was not pressed during the final arguments.

(3.) As reflected in the writ petition the petitioner was offered appointment by an order dtd. 26/11/1999 and she was allowed to join her duties on 28/12/1999 i.e. after a month of issue of the appointment letter, even though she had been given her a time frame of fifteen (15) days to join her service. Having thus joined in her service, the petitioner was not paid her salaries and by an order dtd. 19/4/2002, the District Elementary Education Officer, Tinsukia had directed for stopping the payment of salaries to eight persons including the petitioner herein. The petitioner along with others, who had also suffered by such order of stoppage of payment of salary, had approached this Court by preferring different writ petitions. The writ petition preferred by the petitioner was numbered as WP(C) No.4135/2002, wherein the petitioner was arrayed as petitioner No.8.