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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SHAMIMA JAHAN
Pabindra Kumar Das, S/O- Late Rajendra Kumar Das – Appellant
Versus
State Of Assam Rep. By The Commissioner And Secretary To The Govt. Of Assam, Education Department – Respondent
| Table of Content |
|---|
| 1. historical factual background and nature of petitioner's service. (Para 1 , 2 , 3) |
| 2. competing claims regarding regularization and sanctioned post requirements. (Para 4 , 5 , 6) |
| 3. evidence of continuous service and history of salary disbursement. (Para 7) |
| 4. entitlement to payment for prolonged service rendered. (Para 8 , 9 , 10) |
JUDGMENT :
SHAMIMA JAHAN, J.
Heard Mr G Das, learned counsel for the petitioner. Also heard Ms H Terangpi, learned counsel for the respondent Nos. 2 and 3, Mr A Chaliha, learned counsel appearing for the respondent No. 5, i.e., the Treasury Officer, and Ms S Chakraborty, learned counsel appearing on behalf of Mr Sauradeep Dey, learned counsel for the respondent Nos. 4 and 6.
2. By this application under Article 226 of the Constitution of India, the petitioner has prayed that the respondent No. 2, i.e., the Director of Secondary Education, Assam, be directed to sanction the Grade-IV post, and/or to hold the selection process to accommodate the petitioner.
3. The case of the petitioner is that he was appointed temporarily in a Grade- IV post in Paschim Bonbhag High School, in the scale of Rs. 900/-Rs. 1435/- plus other allowances, against a lea
Utilizing services for a prolonged period, even without a sanctioned post, creates a legitimate expectation for remuneration. Non-payment for such services is unconstitutional and violates fundamenta....
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 emphasized the consideration of the petitioner's length of service and directed the authorities to facilitate the petitioner's participation in the selection process for vacant Grade-IV pos....
Prolonged contractual engagement for perennial teaching in public-funded institution mandates regularization with full benefits, rejecting ad-hocism and temporary exploitation despite need-based clai....
Salary claims in public service are contingent upon the legality of the appointment; illegal appointments do not confer entitlement to salary.
Seniority in service is determined by the date of regularization, not the initial appointment date, as per the applicable service rules.
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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