Back
KARDAK ETE
CHANDRESWAR SAIKIA – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
KARDAK ETE, J.
1. Heard Mr. N. Borah, learned counsel for the petitioners in WP (C) 9573/2019 & WP (C) 3288/2016 and Mr. J.I. Borbhuiyan, learned counsel for the petitioners in WP (C) 3329/2016 & WP (C) 1772/2017. Also heard Mr. R. Mazumder, learned standing counsel, Elementary Education Department and Mr. A. Chaliha, learned Standing counsel, Finance Department.
2. By filing these petitions, the petitioners have put to challenge the show-cause notice No. 4981-5730 dated 30.03.1992 and impugned termination order vide Memo No. 7040-43 dated 18.05.1992 issued by the Deputy Inspector of School, Dhemaji, by which the service of the petitioners have been terminated.
3. Having considered that these writ petitions are analogous on facts and law, the same were heard and are disposed of by this common judgment and order.
4. In WP (C) 9573/2019, the writ petitioners, 14 in numbers, having requisite qualification for appointment to the posts of Assistant Teacher of L.P. Schools, applied for the said posts pursuant to the advertisement issued by the respondent authorities. It is contended that after due selection process and on being selected, they were appointed by the Deputy Inspector
Termination orders must be communicated to be effective; failure to do so renders them invalid, affirming the statutory rights of employees to their positions and benefits.
Point of Law : Rule 7 of the Rules 1999 provides detailed procedure for imposing major punishment in case of confirmed employees, and if that is allowed to be given a go by that would frustrate the v....
Appointments made without following statutory rules are deemed illegal, and such appointees are not entitled to claim salaries or relief under the Constitution.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
