RINA BORDOLOI Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) HEARD Mr. G. Choudhury, learned Counsel for the petitioner and Mr. U. Goswami, learned standing Counsel, for the Education Department.

(2.) THE petitioner assails the order dated 12.1.2007, issued by the Inspector of Schools, Golaghat District Circle, Golaghat, whereby the petitioner's service has been ordered to be adjusted against the post of Office Assistant from 1.2.1985 to 30.4.1996 and as Assistant Teacher from 1.5.1996 onwards. The aforesaid order is said to have been issued in pursuance of Government order No. B(3) -S.100/95/97 dated 26.8.1996. For the purpose of disposal of this matter, it is necessary to highlight the facts of the case, which are as follows:

(3.) MR . Goswami, learned standing Counsel for the Education Department, submits that the impugned order dated 12.1.2007 was passed as per the findings arrived at and that the decision was given by the respondent Commissioner and Secretary, Education Department, after thorough enquiry and also after giving an opportunity of hearing to the petitioner in terms of the direction given by the Division Bench of this Court, vide order dated 26.8.1996, which has not been challenged by the present petitioner rather accepted the same. The adjustment of salary and refund of pay drawn by the petitioner as Assistant Teacher for the period with effect from 1.2.1985 to 30.4.1996 is a natural consequence inasmuch as the petitioner was working as an Office Assistant and not as Assistant Teacher during the said period and it is, therefore, incumbent upon her to refund the same.