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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
Atul Chandra Das S/o Shri Ratneswar Das – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. background of petitioner's service and issues faced. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments on appointment validity and salary denial. (Para 9 , 10 , 11) |
| 3. court's observations on payment and service laws. (Para 12 , 14 , 15) |
| 4. conclusion directing payment of arrears. (Para 16 , 17 , 18) |
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. D.K. Roy, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned standing counsel, Education (Elementary) Department, appearing for the respondent Nos.1, 2, 4 and 5 and Mr. B.C. Musahary, learned standing counsel, BTC, appearing for the respondent No.3.
2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Shri Atul Chandra Das has challenged the order dated 03.11.2016, passed by the Commissioner & Secretary Elementary Education Deptt., Assam (Annexure-24) and also prayed for issuing direction to the respondents to pay the salary of the petitioner including the arrear salary from June, 2006, till date.
Background Facts:-
3. The background facts, leading to filing of the present petitioner, are adumbrated herein below:-
“The petitioner was appointed as Assistant Teacher by the Deputy Insp
Continuous service obligates salary payment despite appointment legality, and equal treatment demands non-discriminatory enforcement of employment rights.
Process of judicial interpretation lies in extending or applying by analogy ratio decidendi of an earlier case to a subsequent case which differs from it in certain essentials.
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.
The denial of arrears of Dearness Allowance to contractual teachers performing equal duties as regular teachers violates Articles 14 and 16 of the Constitution, asserting the principle of equal pay f....
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