AMINA KHATOON Vs. STATE OF ASSAM

JUDGEMENT

(1.) AND ORDER (Oral) - Heard Mr. A.R. Bhuyan, learned counsel appearing for the writ petitioner. Also heard Mr. N. Sarma, learned Standing Counsel, Elementary (Education) Department, Assam, appearing for respondent nos. 1 to 4 as well as Ms. D. Borgohain, learned counsel representing respondent nos. 5, 6 and 7.

(2.) The case of the petitioner, briefly stated, is that she was earlier appointed as an Assistant Teacher in the Kodomoni Pather M.E. School/Madrassa, on the strength of a resolution adopted by the School Managing Committee on 03/03/2004. The appointment of the petitioner to the post of Assistant Teacher with effect from 03/03/2004, was there-after approved by the respondent No. 4 i.e. the District Elementary Education Officer vide order dated 03/11/2005. The petitioner was the 4th Assistant Teacher in the said school. However, since the 2 (two) other Assistant Teachers, senior to her, viz. Md. Abdul Hamid and Afaj Uddin were no longer in service under the school, hence, the petitioner had become the second Assistant Teacher and was entitled to provincialisation of her service. However, instead of treating her as the second Assistant Teacher, the respondent nos. 5 had manipulated the records and shown his wife i.e. the respondent No. 7 as the second Assistant Teacher in the school with the sole objective of depriving the petitioner of her legitimate dues. Situated thus, the petitioner has approached this Court by filing WP(C) No. 4800/2011, inter-alia, praying for a direction for restoration of her service as the Assistant Teacher in the Kodomoni Pather M.E. School/Madrassa and also for regular payment of her salary and allowances.

(3.) In the aforesaid writ petition bearing No. WP(C) 4800/2011, the school authorities filed a counter affidavit, inter-alia, stating that the services of the petitioner were terminated on the strength of the resolution of the Managing Committee adopted on 02/03/2009 on the ground that the petitioner had remained unauthorisedly absent from duty.