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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
| Table of Content |
|---|
| 1. background facts leading to salary claim (Para 2 , 3 , 4) |
| 2. petitioner's arguments against the rejection (Para 5) |
| 3. respondent's defense on petitioner's irregular appointment (Para 6) |
| 4. court's analysis of factual and legal aspects of the case (Para 7 , 10 , 11) |
| 5. legal principle regarding payment for services rendered despite irregularity (Para 12) |
| 6. court's directive for salary payment (Para 13 , 14 , 15 , 16) |
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
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....
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