NAMITA TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. L. P. Sharma, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing counsel, Education (Elementary) Department, appearing for respondent Nos. 1 to 4, Mr. U. Das, learned counsel for respondent No. 5 as well as Mr. P. Nayak, learned Standing counsel, Department of Finance, appearing for respondent No. 6.

(2.) By this writ application, filed on 08.09.2014, the petitioner prays for a direction to the respondent No. 3, i.e. District Elementary Education Officer (DEEO), Nalbari, to release salary of the petitioner with effect from May, 2006. The case of the petitioner, in short, as projected in the writ petition is that she is serving as Chowkidar in Barkuriha Girls M.V. School since 2nd of May, 2006 and that, prior to that, she was working in Gandhibari Girls M.E. School, in a Grade-IV post of Chowkidar, on being appointed by order dated 14.09.2000 in a sanctioned post. In a letter dated 01.11.2001, submitted by the Director of Elementary Education, Assam, to the Commissioner and Secretary to the Government of Assam, Education Department, an incumbency list in respect of 80 posts of Chowkidar was enclosed, wherein her name had appeared at Sl. No. 1 against Barkuriha Girls M.V. School. It is pleaded that the name of the petitioner also appeared at Sl. No. 16 of the Estimate for Normalization of Posts of Chowkidar (2003-2004), submitted by the respondent No. 2, i.e., Director of Secondary Education. In the letter dated 10.01.2002, issued by the respondent No. 2, addressed to the respondent No. 3, Government sanction for retention of 26 numbers of posts of Chowkidar, up to 29.02002, was conveyed and the list attached thereto contains the name of the petitioner against Barkuriha Girls M.V. School. The 26 numbers of posts of Chowkidar were further retained from 01.03.2002 to 28.02003 as indicated in the letter dated 25.09.200 26 numbers of posts of Chowkidar in Nalbari District were permanently retained and the name of the petitioner had also figured at Sl. No. 15 thereof. The petitioner had requested the respondent No. 2 by a letter dated 19.08.2005 (Annexure-4) to transfer her from Gandhibari Girls M.E. School to any nearby M.E./M.V. school and, on the basis of the said request of the petitioner, the respondent No. 2, by his letter dated 23.08.2005, requested the respondent No. 3 to take necessary action in that regard. Thereafter, the petitioner was transferred to Barkuriha Girls M.V. School with her own post. She was released on that very date and she submitted her joining report on 05.05.2006 at Barkuriha Girls M.V. School. The respondent No. 5, i.e., Headmaster of Barkuriha Girls M.V. School asked her to sign her attendance on a separate sheet of paper and, from 2010 onwards respondent No. 5 asked her not to sign the Attendance Sheet. She had also handed over the original transfer order to the respondent No. 5 on his request in the last part of May, 2006. Subsequently, though the petitioner had requested the respondent No. 5 to give back the same to her, the same was not handed over to her on the plea that the same had been handed over to respondent No. 3. As her prayer for payment of salary had not been acceded to, the petitioner had filed this writ petition.

(3.) An affidavit and an additional affidavit were filed by the respondent No. 5. It is stated that in Barkuriha Girls M.V. School there is no Grade-IV employee except one Udhav Das, who was working in the capacity of a Grade-IV employee since prior to 2006 and that he had not received any order or direction from his higher authorities to allow anybody else to join in the school as a Grade-IV employee. It is also pleaded that Udhav Das was appointed on 04.02.1994 by the DEEO, Nalbari, as per approval of the Sub-Division Level Advisory Board accorded in its meeting held on 11.01.1994 vide resolution No. 5. The allegation that the petitioner had given her original appointment letter to him is also denied. The averment that the petitioner was allowed to put her signature in a separate sheet of paper and not to sign in the Attendance Register is also denied. The Daily Attendance Register of teachers from January, 2006 was annexed as Annexure-B in the affidavit and the same was also annexed in the additional affidavit.