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2021 Supreme(Gau) 707

IN THE HIGH COURT OF GAUHATI
KALYAN RAI SURANA, J.
State of Assam and Another – Petitioners
Versus
Manita Devi – Respondent
Review Petition No. 85 of 2018, W.P. (C) No. 1288 of 2014
Decided On : 01-12-2021

Advocates:
Advocate Appeared:
For the Petitioners: D. Saikia, N.J. Khataniar.
For the Respondent: I.H. Saikia.

Headnote:

Evidence Act, 1872 – Section 114, Illustration (g) – Respondent in this review petition was the writ petitioner in WP (C), where the review petitioners were arrayed as respondent Nos. 1 and 3, respectively – Held, Court is inclined to hold that there is no error apparent on the face of record in respect of the judgment and order passed in WP (C), which is under review – Said judgment cannot be said to have been passed by ignoring materials on record – Furthermore, there is no mistake either on factual aspects or any error in appreciating the contents of the pleadings on record – Court is also inclined to hold that the purported documents, which is now produced and projected to be a fact, which was allegedly not known to the petitioners as a ground of filing review is without any basis and the said letters at Annexure-2 series of the review petition is also not supported by annexing attendance register of the tenure/period for which the salary is claimed. In the absence of the attendance register, which are projected to be in custody of the authorities under the respondent, the court is inclined to draw adverse inference under section 114, Illustration (g) of the Evidence Act that the document, if produced, would have been adverse to the petitioners – Review petition is dismissed.

ORDER :

1. Heard Mr. N.J. Khataniar, learned standing counsel for the Elementary Education Department appearing for the review petitioners. Also heard Mr. I.H. Saikia, learned counsel for the sole respondent.

2. The respondent in this review petition was the writ petitioner in WP (C) No. 1288/2014, where the review petitioners were arrayed as respondent Nos. 1 and 3, respectively.

3. WP (C) No. 1288/2014 was filed for a direction upon the respondent-authorities to pay the arrear salary to the petitioner w.e.f. 28.9.2000 to 6.9.2005. The said writ petition was allowed by judgment and order dated 6.8.2015 along with the connected Cont. Case (C) No. 106/2013 and Misc. Case No. 246/2014. The said judgment is now under reviewer By the said judgment, this court had directed the respondent-authorities to release forthwith the salary arrears of the petitioner from 28.9.2000 to 6.9.2005 if necessary by creating a supernumerary post. Direction was issued to do the entire exercise within a period of 3 months from the date of receipt of the judgment. It is also provided that if the entire due amounts are not paid within the next three months, the petitioner shall be entitled to simple interest @ 12% p.a. from 28.9.2000 till the full payment thereof is made.

4. No specific grounds have been pleaded for review. Nonetheless, the learned counsel for the petitioners has referred to (i) the letter dated 25.11.2017 (Annexure 2 series) from Tarun Ch. Kakati, Ex-Headmaster of. Pubpar Gandhiji Vidyapeeth (M.E.) to the District Elementary Education Officer, Kamrup, wherein it is mentioned that the respondent had joined his school on 1.9.2006, but she was not working in his school during the period of such arrear proposal submitted (i.e. from 28.9.2000 to 6.9.2005), as well as (ii) letter dated 25.11.2017 from the Headmaster of Adarsha M.E. School, Bardekpar to the Block Elementary Education Officer, Kamalpur that the respondent was not present in the said school from 28.9.2000 to, 31.12.2004 as an Assistant Teacher and that her signature is not found in the attendance register during that period.

5. It is submitted that the absence of the sole respondent1 during the hereinbefore mentioned period was detected only when the proposal was being prepared for release of the arrear salary. It is submitted that the absence of the respondent from 28.9.2000 to 6.9.2005 was earlier not brought to the notice of the petitioners. Accordingly, it is submitted that on the revelation of new facts at a subsequent point of time after the judgment dated 6.8.2015, the present review petition was preferred It is specifically submitted that the respondent had not rendered service from 28.9.2000 to 31.12.2004 in Adarsha M.E. School, Bardekpar.

6. Per contra, the learned counsel for the respondent has referred to Annexure 4, 5 and 6 to the affidavit-in-opposition (‘AC) to project that the petitioner was rendering her service as an Assistant Teacher in Adarsha M.E. School and by representation dated 4.4.2001, to the District Elementary Education Officer, the respondent had prayed for release of her salary, which was not responded to and it is submitted that the said representation was forwarded by the Headmaster/Secretary of the said school on 4.4.2001. It is also submitted that thereafter, on 4.6.2004, the District Elementary Education Officer, Kamrup had written to the Headmaster of the said school to furnish working certificate of the respondent and other details as mentioned therein. Thereafter, vide Annexure-6 of the AO, the requirement of fund for release of salary to the respondent was submitted by the Headmaster/Secretary of the said school on 6.7.2004. Referring to the official letter at Annexure 7 to the AO, it is submitted that the District Elementary Education Officer vide letter dated 31.7.2004 had written to the Director of Elementary Education that the respondent was working as a dropped teacher of the said school. Accordingly, it is submitted that at no prior point

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