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SANJAY KUMAR MEDHI
Manju Gupta, D/o. Biswa Nath Prasad Gupta – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Govt. Of Assam, Dept. Of Secondary Education – Respondent
JUDGMENT :
Heard Ms. R. Devi, learned counsel for the petitioner. Also heard Shri NJ Khataniar, learned Standing Counsel, Secondary Education Department.
2. Considering the subject matters involved in these two writ petitions filed by the same petitioner, the same were taken up altogether for disposal at the admission stage.
3. The petitioner is an Assistant Teacher in Vivekanada Bidyapith High School, Dhekiajuli in the district of Sonitpur (hereinafter the School). The petitioner was initially appointed in the Rashtrabhasha Bidyapith ME School, on 19.01.2018 the said ME School was amalgamated with the High School above named and thereafter the petitioner has been working in the amalgamated School. While in service, a communication was issued by the Headmistress/Secretary of the School dated 05.09.2021 withholding the monthly salaries of the petitioner from August 2021. Such withholding was on the ground that there was variation in the date of birth of the petitioner which would appear from the HSLC Certificate.
4. The aforesaid communication was the subject matter of challenge in the first writ petition being WP(C)/2932/2022 and this Court had passed an order on 06.05.2022 issuing not
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