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2017 Supreme(Gau) 389

HRISHIKESH ROY
state of Assam Represented by the commissioner & secy. – Appellant
Versus
Usha Rani Goswami, W/o Devendra Sarma – Respondent


Advocates Appeared:
For the Petitioner: Mr. N. Sarma, SC, Elementary Education
For the Respondents:Mr. I Choudhury. Sr. Advocate Mr. R M Deka, Mr. S Biswakarma, Mr. A Phukan, Mr. A K Baruah, Ms. T Jinni, Ms. G Das

JUDGMENT AND ORDER :

1. The Review petitioners are represented by Mr. N Sarma, the learned Standing Counsel for the Department of Elementary Education. The respondents/writ petitioners are represented by Mr. I Choudhury, the learned Sr. Advocate.

2. The State has filed this Review petition on account of the liberty granted to them by the Division Bench on 10.5.2016 in the WA No.46/2013, where the judgment of the learned Single Judge rendered on 10.3.2011 in the WP(C) No.5286/2004, was challenged by the department. Under this judgment, the Writ Court declared that the petitioners are entitled to their arrear salary from their respective date(s) of appointment, as ME School Teachers.

3. However for another group of ME School teachers, the learned Judge in the WP(C) No.5705/2010 (Abdul Haque Abbasi and 15 others vs. State of Assam and others) on 3.11.2010 rejected the claim for arrear salary. Thus observing the contradictory decision of the Writ Court on the issue of entitlement to arrear salary for the ME School teachers, the Division Bench after noticing that the earlier judgment in Abdul Haque Abbasi (supra) was not brought to the notice of the Court, disposed of the WA No.46/2013 wit












































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