Amitava Roy, J.

1. The successive challenge laid by the Petitioner centre around her claim for arrear salary as Assistant Teacher for the period 11.04.2001 to 28.02.2005 with the D. N. D. Anchalik High School (hereafter for short referred to as the School). Though notice of the instant proceeding was issued to the Respondent No. 4 in W.P.(C) 1218/2009 by registered post with A/D, he has chosen to abstain therefrom. In W.P.(C) 4129/2007, however, he has filed his counter.

2. I have heard Ms. N. Saikia, learned Counsel for the Petitioner and Mr. U. K. Goswami, learned Standing Counsel, Education Department for the official Respondents.

3. The Petitioner has pleaded that following a selection initiated by an advertisement dated 28.02.1996, she was appointed as Graduate Teacher in Sanskrit in the School vide order dated 31.03.2001 to that effect passed by the Inspector of Schools, KDC, Guwahati. Though in terms of the advertisement, she was entitled to pay in the scale of Rs. 1,375-3,375/- per month, the order of appointment mentioned to be fixed salary of Rs. 2500/-. According to the Petitioner, however, the above notwithstanding, she had joined the services on 11.04.2001 and continued to render her service without any break. As her repeated appeals to the authorities concerned along with others similarly situated for the pay scale failed to evoke any response, she together with them instituted WP(C) 1805/2002 which was disposed of on 28.06.2005 directing the departmental authorities to release their arrear as well as current salary in terms of the scale of pay referred to in the advertisement dated 28.12.1996.

4. The Respondent No. 4, the Headmaster of the School, however, while submitting the proposal for release of her arrear salary as ordered by this Court, mentioned about her unauthorised absence for a period including the intervening summer vacation of 69 days and also proposed to deduct her salary therefore amounting to Rs. 55,736/-. The period of absence was indicated to be from 11.04.2001 to 28.02.2005. According to the Petitioner, during that period though she duly rendered her services, she had not been allowed to sign the attendance registers. The proposed deduction was sought to be effected without either putting her on prior notice or affording her any opportunity of hearing. The Headmaster of the School also submitted a report dated 22.11.2006 to the Inspector of Schools, KDC, Guwahati, about the Petitioner's unauthorised absence as above. This was inspite of a certificate issued by him on 02.10.2004 to the effect that she had been regularly attending her duties without any break on and from 11.04.2001. Situated thus the Petitioner approached this Court with the aforementioned WP(C) 4921/2007 praying for an appropriate writ or direction for disposal of her representation dated 05.04.2007 submitted in the meantime by her before the Commissioner and Secretary to the Government of Assam, Education (S) Department, ventilating her grievances against the proposed deduction and also for payment of her arrear salary as due to her in law.

5. This Court issued notice of motion on 17.08.2007 whereafter the aforementioned departmental authority after affording a personal hearing to her and on verification of all records requisitioned from the other State authorities as well as the Headmaster of the School by order dated 10.12.2007 directed the Director of Secondary Education to release her arrear salary within a period of one month by negating the allegation of absence from duty. In compliance thereof the Deputy Director of Secondary Education, Assam, vide his letter dated 09.01.2008 required the Inspector of School, KDC, Guwahati, who in return by his letter dated 11.01.2008 required the Headmaster of the School to submit the proposal for release of her arrear salary for the period 11.04.2001 to 28.02.2005. As the Headmaster of the School did not comply with the said direction, the aforementioned State authority by his let