LAWS(GAU)-2017-4-31

STATE OF ASSAM Vs. GITA RANI KALITA

Decided On April 06, 2017
STATE OF ASSAM Appellant
V/S
Gita Rani Kalita Respondents

JUDGEMENT

(1.) Mr. D Saikia, learned Senior Additional Advocate General, Assam assisted by Mr. N Sarma learned standing counsel. Elementary Education for the applicants. Mr. RC Saikia and Mr. P. Khataniar, learned counsel for the respondent.

(2.) The case of non-applicant was that vide order dated 4.11999 she was appointed as Assistant Teacher in the pay scale of Rs. 3130-6600/- per month plus other allowances as admissible which was also paid to her but suddenly payment of salary to her was stopped with effect from October, 2007. The learned Single Judge after hearing the non-applicant and the applicants by a detailed order dated 6.1.2015 directed the applicants to pay the current salary of the non-applicant in the pay scale of 3130-6600 as per revised pay with other admissible allowances as well as all her salary arrears with effect from October. 2007.

(3.) As there is delay of 475 days in filing the writ appeal against the order of the learned Single Judge. it is to be seen whether there is "sufficient cause" for condonation of such a huge delay. I he application for condonation of delay is 11 led by the applicants along with a.i affidavit of Shri Preetom Saikia, Commissioner and Secretary to the Government of Assam. Elementary (Education) Department, Dispur. The relevant paragraphs 4 to 12 of the application read as under: