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2018 Supreme(Gau) 1321

SONGKHUPCHUNG SERTO
Upen Talukdar S/o Lt. S. Talukdar – Appellant
Versus
State of Assam Rep. by The Commissioner and Secretary – Respondent


Advocates Appeared:
For the Petitioner: Ms. T. Jini, Mr. I. Chowdhury, Adv.
For the Respondent: Mr. C. Bhattacharya, Adv.

JUDGMENT & ORDER :

Heard, Mr. I. Choudhury, learned Senior Counsel for the petitioner and also heard Mr. C. Bhattacharya, learned Standing counsel, Secondary Education Department for all the respondents except respondent No. 4.

2. This is a case of non-payment of back wages to a Government Servant during the period beginning from the date of termination of his service till the date of his reinstatement.

The facts and circumstances leading to the filing of this writ petition by the petitioner may be briefly stated as follows;

The petitioner was appointed to the post of Assistant Teacher at Jagara High School, vide order dated 07.05.1991, Memo No. EST-3/85/88/869-74, issued by the Inspector of Schools, Nalbari District Circle in pursuance of the recruitment process which was initiated in the year 1988 by issuance of advertisement and conducting of recruitment test. While serving as such, on 24.07.1998, a notice was served to him wherein he was asked to show cause as to why his service should not be terminated as his name was not found in the select list prepared by the respondents in the year 1995-96. The petitioner answered the show cause notice, in written stating that he was appointed





































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