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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Abdul Halim Laskar, S/o- Irshad Ali Laskar – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. initial appointments and their subsequent financial claims. (Para 1 , 2) |
| 2. the court's evaluation of legal standing in appointment processes. (Para 3 , 4 , 8 , 9) |
| 3. need for thorough investigation into appointment irregularities. (Para 6 , 10 , 11 , 12 , 13) |
| 4. the plaintiff's burden to demonstrate lawful claims for salary. (Para 14 , 15 , 16 , 18) |
| 5. final dismissal based on the petition's failure to establish claims. (Para 17 , 19 , 20) |
JUDGMENT :
SOUMITRA SAIKIA, J.
The petitioners before this Court were appointed as Assistant Teachers in various M.E. Schools in the Cachar district by the District Elementary Education Officer, Cachar, vide the appointment letters dated 29.11.1994 upon being approved by the Sub-divisional Level Advisory Board. However, their appointments stood cancelled on the ground of appointment being made against non-existent posts. Being aggrieved, the petitioners approached this court by filing C.R Case No. 324 of 1995. By order dated 20.01.1995 passed in CR 324/95. This court directed the respondent authorities not to oust the petitioners from their services and also directed the authorities to release their salaries regularly. Pursuant to th
Appointments made without following statutory rules are deemed illegal, and such appointees are not entitled to claim salaries or relief under the Constitution.
The court ruled that past employment irregularities do not excuse non-payment of salaries owed under earlier judicial orders, establishing a duty to pay on the principle of quantum meruit.
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.
A review of a judgment can only be granted on the basis of new and important evidence or an error apparent on the face of the record; findings that arise after the judgment do not constitute valid gr....
High Courts, in exercising power under Article 226 of Constitution will not issue directions for regularization, absorption or permanent continuance, unless employees claiming regularisation had been....
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