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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
Devi Prasad Ghimire (Retd. Teacher), S/o Late Nanda Lal Ghimire – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. background facts of the petitioner's employment and disputes. (Para 2 , 3 , 4) |
| 2. petitioner's arguments regarding harassment and delay in salary. (Para 5) |
| 3. respondents' opposition based on clean hands and delay. (Para 6) |
| 4. court's examination of the impugned order and applicable laws. (Para 7 , 8) |
| 5. establishment of the 'no work no pay' principle and its exceptions. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 6. court's rejection of respondents' claims and affirmation of petitioner's rights. (Para 18 , 20 , 21 , 22 , 23 , 24) |
| 7. court's directive for salary payment and concluding order. (Para 25 , 26 , 27 , 28) |
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. B. Chetri, learned counsel for the petitioner; Ms. S. Chutia, learned standing counsel for the respondent No. 1 in Elementary Education Department; Ms. R.M. Barooah, learned standing counsel for the respondent No. 2 in Finance Department; and Mr. S. Bora, learned standing counsel for the respondent Nos. 3 to 6 in Bodoland Territorial Council) BTC.
2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 26.12.2014 (Annexure – L of the petition), issued by the re
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