STATE OF ASSAM Vs. USHA RANI GOSWAMI

JUDGEMENT

(1.) The Review petitioners are represented by Mr. N. Sarma, the learned Standing Counsel for the Department of Elementary Education. The respondents/writ petitioners are represented by Mr. I Choudhury, the learned Sr. Advocate.

(2.) The State has filed this Review petition on account of the liberty granted to them by the Division Bench on 10.5.2016 in the WA No.46/2013, where the judgment of the learned Single Judge rendered on 10.3.2011 in the WP(C) No.5286/2004, was challenged by the department. Under this judgment, the Writ Court declared that the petitioners are entitled to their arrear salary from their respective date(s) of appointment, as ME School Teachers.

(3.) However for another group of ME School teachers, the learned Judge in the WP(C) No.5705 of 2010 (Abdul Haque Abbasi and 15 others v. State of Assam and others) on 11.2010 rejected the claim for arrear salary. Thus observing the contradictory decision of the Writ Court on the issue of entitlement to arrear salary for the ME School teachers, the Division Bench after noticing that the earlier judgment in Abdul Haque Abbasi (supra) was not brought to the notice of the Court, disposed of the WA No.46/2013 with liberty to the Departmental appellants to file Review petition to apprise the Writ Court about rejection of the arrear pay claim in Abdul Haque Abbasi (supra), as the said decision stood confirmed by the Division Bench on 25.2.2015 through dismissal of the WA No.326/2011, filed by the aggrieved writ petitioner Abdul Haque Abbasi and 15 others. Review Petitioners Arguments