The doctrine of 'no work, no pay' is inapplicable where an employee is prevented from performing duties by an illegal act of the employer. Furthermore, undertakings or contracts obtained under conditions of extreme economic distress or unequal bargaining power are unconscionable and legally void.

ORDER :

ROBIN PHUKAN, J.

Heard Mr. R. Dhar, learned counsel for the petitioner. Also heard Ms. B. Deka, learned standing counsel, Education (Elementary) Department, appearing for the respondent Nos.1 and 4 and Ms. B. Bora, learned standing counsel, BTC, appearing for the respondent Nos.3, 5, 6 and 7. None appears for the respondent No.2.

2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Smt. Sonaswari Ramchiary has prayed for issuing a direction to the respondent authorities to join in her post as Assistant Teacher in Brahmapur Bilai L.P. School, in terms of the order dated 14.07.2022 with retrospective effect i.e. from the date of her reinstatement in service vide order dated 22.09.2015.

The Factual Matrix:-

3. The background facts leading to filing of the present petition are briefly stated as under:-

“The petitioner was initially appointed as Stipendiary Teacher vide order dated 04.12.1999. Thereafter, the petitioner had undergone Primary Teacher‟s Training and after completion of the training, she was regularized and brought to the regular scale of pay w.e.f. 12.03.2003. She continued in the post of Assistant Teacher in Musalpur Jr. Basic L.P. School. Thereafter, suddenly vide order dated 23.06.2009 without giving any notice she was terminated from service. Subsequently, the respondent authorities have found after verification of the record that the petitioner‟s termination was illegal and then, the respondent authorities vide order dated 22.09.2015 reinstated the petitioner in service. The petitioner then assumes charge in terms of the said order dated 22.09.2015 and discharged her duties, but, no salary was paid despite several requests to the authorities. Then, being aggrieved, the petitioner along with 91 others similarly situated teachers have filed a writ petition, being WP(C) No.3273/2017. Thereafter, the respondent No.5 had issued an order dated 14.07.2022 by which the service of the petitioner as Assistant Teacher, Mushalpur Jr. Basic School is regularized as Assistant Teacher vice Kameswar Ramchiary, expired and posted at Brahmapur Bilai L.P. School and she joined on 18.07.2022. But, after 5 days of discharge of her duties, she was not allowed to attend her duties and being aggrieved, the petitioner approached this Court by filing the present petition.”

4. The respondent Nos.3, 5, 6 and 7 filed their affidavit-in-opposition, wherein it is admitted that the petitioner was appointed as a Stipendiary Teacher at Mushalpur Jr. Basic School vide order dated 04.12.1999 against a converted post sanctioned vide Government creation dated 16.11.1991 with a fixed stipend of Rs.900/- per month, on the condition that the said appointment was subject to successful completion of prescribed training and only upon such condition would her appointment be considered for regular scale of pay and then the petitioner joined on 06.12.1999 and the said appointment was not in accordance with the norms and procedure of the Education Department, particularly due to absence of proper advertisement, selection and approval and it is also admitted that the petitioner was released to attend Junior Basic Training as per order dated 17.01.2002 and thereafter, the petitioner has passed the one year in-service Primary Teacher‟s Training and secured „B‟ Grade as per the certificate dated 09.04.2003 issued by the Basic Training Centre, Kokrajhar and her service book was opened a