Back
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
Solim Uddin S/o Late Muzafar Ali – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned standing counsel for the Elementary Education Department, being respondent Nos. 1, 3, 4 and 5 and Mr. A. Chaliha, learned standing counsel for the Finance Department, being respondent No. 2.
2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order, dated 20.12.2014, (Annexure – 12), passed by the Secretary to the Government of Assam, Education Elementary Department and also to direct the respondent No. 2, 3, and 4 to pay the arrear as well as current salary to the petitioner with effect from June 1994. Notably, vide impugned order dated 20.12.2014, the respondent No. 1 had rejected the claim of the petitioner for payment of salary.
Background Facts:-
3. The background facts, leading to filing of the present petition are briefly stated as under:-
“The petitioner was initially appointed as Asstt. Teacher in Bongaigaon district, in the year 1994. After such appointment he had received salaries only for (3) months. Thereafter, his salary was stopped without any notice or showing any reasons. Thereafter, as per the cab
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.
Appointments made without following statutory rules are deemed illegal, and such appointees are not entitled to claim salaries or relief under the Constitution.
Continuous service obligates salary payment despite appointment legality, and equal treatment demands non-discriminatory enforcement of employment rights.
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....
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.
The principle of res judicata bars the respondents from raising any objection with regard to the legality of the appointments of the petitioners.
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
