MULIN SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner, who was in a provincialized service of a school as Assistant Teacher (Classical/sanskrit) has assailed the legality and validity of the order communicating the decision towards acceptance of resignation from service tendered by him.

(2.) THE petitioner is an M. A. in Sanskrit. He was appointed as an Assistant Teacher (Classical/sanskrit) in Rangsina High School, Langmopi in the district of Karbi Anglong on 24. 1. 1995. The school was provincialized with effect from 1. 4. 1996 and the services of the petitioner was also provincialized against the allotted post of Assistant Teacher. It appears that while the petitioner was serving in the school, some differences between him and the Headmistress of the school i. e. the Respondent No. 5, who incidentally is the wife of the Respondent No. 6, who is also the Headmaster of M. E. Section of the said school. Apart from the allegation that the petitioner was not paid his salary from 23. 5. 1998, he also made the allegations that even prior to that, he was deprived of his salary for few months. He had intimated the matter to the jurisdictional Inspector of Schools, who in turn, instructed the Respondent No. 5 to release the salary of the petitioner. Such instruction was furnished by Annexure-II letter dated 3. 5. 1998.

(3.) ACCORDING to the petitioner, he was forced to sign a purported resignation letter resigning from the service on 22. 5. 1998. As per the statements made in the writ petition, he was forced to do so by some anti-social elements under the leadership of the Respondent No. 6. The categorical statement made by the petitioner is that he had to sign the resignation letter under compulsion, criminal intimidation and force applied by the Respondent No. 6 and his men. Making a grievance against such forcible obtaining of resignation letter and signature therein, the petitioner submitted Annexure-III series representations to various authorities to take action in the matter. the resignation letter of the petitioner was obtained at the residence of the President of the Managing Committee of the school (Respondent No. 4 ).