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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Diptiman Bathari Son Of Sri Daityalal Bathari – Appellant
Versus
N C Hills Autonomous Council Haflong Represented By The Principal Secretary – Respondent
| Table of Content |
|---|
| 1. overview of initial appointment facts and case procedural history. (Para 1 , 2) |
| 2. arguments regarding discovery of evidence for review. (Para 4 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. assessment of appointment validity against due selection process. (Para 5 , 17 , 18 , 19 , 20) |
| 4. principles governing judicial review and discovery of new evidence. (Para 21 , 22) |
| 5. final direction for administrative reconsideration of salary. (Para 23 , 24) |
ORDER :
KARDAK ETE, J.
Heard Mr. S. D. Purkayastha, learned counsel for the petitioners. Also heard Ms. Tinlung, learned counsel appearing on behalf of Mr. R. M. Das, learned counsel for the respondent No. 1; Mr. C. Sharma, learned counsel for the respondent Nos. 2 & 3; and Mr. P. N. Sharma, learned counsel for the respondent No. 9. None appears for the respondent Nos. 4 to 8 despite service of notice.
2. This is an application praying for review of the order dated 02.08.2023, passed in WP(C) No. 1335/2018, by which the writ petition has been dismissed on the ground that no direction could be issued for payment of salary to the petitioners, as their appointments were not made by following the due process of selection
Point of law: If the District Basic Education Officer does not communicate his decision within one month from the date of receipt of the papers under clause (4), he shall be deemed to have accorded a....
The main legal point established in the judgment is that the appointment of the petitioner as an Assistant Teacher was made against a substantive vacancy, entitling the petitioner to regularization u....
Denial of salary without any justifiable reason cannot be countenanced.
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.
Long-standing appointments cannot be invalidated without evidence of wrongdoing, emphasizing stability in employment.
Point of Law : When there is an effective adjudication by this Court that the petitioner is entitled to parity.
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