Dulu Devi vs State Of Assam And Ors

3. The facts of the case which reveals from the list of dates furnished by the appellant and have not been disputed by the respondents, are as under.

4. The appellant was first appointed as an Assistant Teacher in Assamese subject in the Dhemaji Hindi Lower Primary School in 1976. By order dated 19.12.1989 of the Deputy Inspector of Schools, Dhemaji, appellant was finally appointed as an Assistant Teacher as against the substantive vacancy in the said school. Even though the appellant was rendering continuous service as Assistant Teacher for more than 10 years, she was not paid her salary. Aggrieved by the same, she filed a writ petition being W.P.(C) No.833 of 1999. Thereafter, the respondents-Authority directed the Deputy Inspector of Schools, Dhemaji to enquire into non-payment of salary and furnish a report. On submission of such report, the Additional Secretary, Education Department by order dated 03.05.2000, directed the Deputy Inspector of School, Dhemaji, to release the salary of the appellant for the period she rendered her services. Thereafter, by order dated 12.09.2000, the High Court disposed of the said writ petition with a direction to the respondents to release the salary of the appellant not only from the current month but also for the period she actually rendered her services as a Teacher and to make an enquiry as to the appellant's entitlement for regularisation of her services and pass necessary orders. It is stated that the respondents have not filed any appeal against the said order and, therefore, the findings and directions as aforestated has since attained finality.

5. In view of the directions given by the High Court vide its order dated 12.09.2000 passed in W.P.(C) No.833 of 1999, the appellant was paid all arrears of her salary and other allowances till August, 2007.

8. It is also evident from the report dated 25.02.2008 of the Deputy Inspector of School, Dhemaji that the appellant was never terminated from her services and her name was not included in the list of 752 teachers who were terminated in the year 1992 as per letter dated 12.05.1992 of the Director, Elementary Education, Assam. Thereafter, the appellant also filed a Miscellaneous Case No.2049 of 2008 inter alia praying that the respondents be directed to release her salary till the disposal of the pending writ petition. Learned counsel appearing for the respondents- authority on instruction, informed the High Court that the appellant was still continuing in her service. Accordingly, the High Court vide its order dated 02.02.2009 directed the respondents to pay the salary to the appellant. Thereafter, the Director of Elementary Education, Assam, vide his letter dated 11.02.2010 directed the District Elementary Education Officer, Dhemaji, to submit a clear report as to whether the name of the appellant was enlisted in the lists of terminated teachers. In response thereof, the District Elementary Education Officer, Dhemaji, submitted a report that the name of the appellant appeared in the list of 193 teachers which was sent on 03.11.2006 to the Director, Elementary Education, Assam and the said report was prepared without going through the relevant records and files.

14. Indisputably, the appellant has been continuously serving as a teacher since 1989 and pursuant to the order passed in the earlier writ petition the appellant was paid entire salary since the date when the salary was not paid. The High Court took notice of the fact that while considering the regularization of services of the appellant, she being the senior most teacher of the school was allowed to cross the Efficiency Bar two times, initially in the year 2003 and subsequently in the year 2005. The High Court in the impugned order further noted that the letter of termination was neither issued nor the services of the appellant were terminated. Admittedly, some of the terminated teachers filed their writ petition challenging the termination, which was interfered with by the High Court, but the Court observed that the said benefit cannot be granted to the appellant as she was not a party in the said writ petition. The High Court, assuming that the services of the appellant were terminated, refused to grant relief and dismissed the writ petition.

15. In our considered opinion, the approach of the High Court is not in accordance with law. The services of a teacher who has been working for the last 25 years shall not be assumed to have been terminated and deprived of from her legitimate claim.

18. In the background of the facts of this case, particularly, the continued service of the appellant for the last 25 years, the impugned order passed by the High Court cannot be sustained in law.

19. For the aforesaid reason, this appeal is allowed and the impugned order is set aside. Consequently, the appellant shall be entitled to continue in service and further entitled to all arrears of salary in accordance with law.

…...................J [M. Y. EQBAL] …...................J [C. NAGAPPAN] NEW DELHI;

OCTOBER 09, 2015.