MINA DEVI Vs. STATE OF ASSAM AND ORS

JUDGEMENT

(1.) Heard Mr. N. Islam, learned counsel for the writ petitioner. I have also heard Mr. N. Sarma, learned Standing Counsel, Elementary Education Department, Assam, appearing for respondent Nos.1 to 4.

(2.) The writ petitioner in this case was appointed as stipendiary teacher against a vacancy in the Aziz Baruah L. P. School arising due to retirement of Smti. Dimbeswari Changmai and she was posted at the Mohaijan L. P. School vide order dated 08.03.2001 passed by the Deputy Inspector of Schools (In-charge), North Lakhimpur. The case of the writ petitioner is that pursuant to the order of appointment, she had joined the said post of Assistant Teacher and has been continuously rendering her services as a teacher. However, the respondents have failed to pay the salary and/or even the monthly stipend of Rs. 1800/- mentioned in the order of appointment dated 08.03.2001 for no valid reason. This writ petition has, therefore, been filed with a prayer for issuance of a direction upon the respondents to pay the salary and allowances to the petitioner as per the conditions of appointment.

(3.) The respondent No.2 has filed counter affidavit in this case, inter alia, stating that the post against which the writ petitioner had been shown to have been appointed was filled up by appointing another person, viz., Smti Dipali Gogoi who was appointed as an Assistant Teacher of Kadam Balijan L.P. School and transferred to Aziz Baruah L.P. School vice Dimbeswari Changmai retired. Since the post in question was filled up by appointing Smti Dipali Gogoi prior to the appointment of the petitioner in Aziz Baruah L. P. School, hence, the appointment of the writ petitioner was against a non-existent post as a result of which no salary could be paid to her.