Heard Mr. KH Choudhury, learned senior counsel who has been appointed by this Court as Amicus Curiae, assisted by Mr. MA Sheikh, learned counsel for the petitioner. Also heard Mr. HK Mahanta, appearing on behalf of the State Govt.

2. This is a case of 1995. Despite the notice issued on the Govt counsel who accepted the same on 1.9.95 at the time of issuing Rule, no affidavit-in-opposition has been filed as usual, nor has any record been produced on behalf of the respondents where the matter has been taken up for hearing. Since no affidavit-in-opposition is forthcoming on behalf of the State-respondents, in view of the settled position of the law laid down in the case of Smti Naseem Bano vs. State of UP & other reported hi AIR 1993 SC 2592, the averments made in this writ petition are deemed to be accepted by the State-respondents.

3. The case of the petitioner in this writ petition is that her husband late Md Azgar Ali was appointed as Assistant Teacher at Koladuba Muktab with effect from 24.11.1961 and later on he was made permanent Headmaster in the said school with effect from 26.9.1963. While the petitioner's husband was working as Headmaster in the said school, he was involved i

Click Here to Read the rest of this document