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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ROBIN PHUKAN
Debdut Nath, S/o. Late Chinta Haran Nath – Appellant
Versus
State of Assam, Through the Commissioner & Secretary to the Government of Assam, Education (Elementary) Department – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
Heard Ms. I. Das, learned counsel for the petitioner No.1 and also heard Mr. P.K. Bora, learned standing counsel, Education (Elementary) Department, appearing for the respondent Nos.1, 3 and 4.
2. In this petition, under Article 226 of the Constitution of India, two petitioners, namely, Debdut Nath and Nadul Chandra Dey, have prayed for issuing direction to the respondent authorities to adjust/re-adjust the services of the petitioners against the existing vacant posts as shown and proposed in the proposal submitted in SIU(Finance) format vide Annexure-10A by granting necessary approval from the Finance Department, Govt. of Assam without any break of their services by clarifying/holding that the order of restrainment dated 19.01.2009 passed in WP(C) No.5569/2002 and batch, vide Annexure-12, is not binding/applicable in case of the petitioners whose services were regularized way back in the year 2006 vide order dated 30.01.2006 and also direct the respondent authorities to pay the petitioners their arrear salary w.e.f. June, 1994 till the date and onward current salary regularly and further to grant other service benefits which the petitioners are legally ent
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 actual duties performed by an employee should be considered over the nomenclature of their initial appointment, and the relaxation of provisions in the rules should be extended to similarly situa....
Continuous service obligates salary payment despite appointment legality, and equal treatment demands non-discriminatory enforcement of employment rights.
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
Appointments made without following statutory rules are deemed illegal, and such appointees are not entitled to claim salaries or relief under the Constitution.
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.
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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