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2023 Supreme(SC) 782

HIMA KOHLI, RAJESH BINDAL
Dulu Deka – Appellant
Versus
State Of Assam – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Pravir Choudhary, AOR Mr. Prince Arora, Adv. Mr. Venketa Balaji Kodavali, Adv. Mr. Gourav Chhabra, Adv.
For the Respondent(s): Mr. Shuvodeep Roy, AOR Mr. Deepayan Dutta, Adv.

JUDGMENT :

(Rajesh Bindal, J.)

1. The writ petition, 1[WP (C) No.595 of 2008], was filed by the appellant in the Gauhati High Court in the year 2008 praying for release of her salary from 12.03.2001 onwards. It was claimed that she was rendering service as an Assistant Teacher in Bengabari M.E. School and had not been paid any salary. The writ petition was dismissed, 2[Dated 08.09.2008] by the Single Judge. The order was upheld in an intra-court appeal 3[W.A. No.42 of 2009 Dated 08.01.2010]. The said orders are impugned in the present appeal.

2. The facts of the case as enumerated in the order passed by the High Court are that, on 28.12.1996 an advertisement was issued by the Director of Elementary Education, Assam, for filling up 7,500 posts of Assistant Teachers in M.E./M.V. Schools. The appellant claimed that she applied for the post and appeared for interview in July 1997. The selection list was not published by the Director of Elementary Education, Assam, because the Government of Assam imposed a ban on the appointments. After the ban was lifted, the Selection Committee for Udalguri Sub-Division (General Area) in its meeting held on 12.03.2001, recommended the appellant’s name


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