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IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
Sonaswari Ramchiary, W/o Shri Hemanta Sarma – Appellant
Versus
State of Assam, Represented by the Commissioner & Secretary to the Government of Assam, Education (Elementary) Department – Respondent
| Table of Content |
|---|
| 1. procedural background and factual context of erroneous termination. (Para 1 , 2 , 3) |
| 2. parties' contradictory stances on recruitment norms and service entitlements. (Para 4 , 5 , 6 , 7) |
| 3. invalidity of termination bars no-work-no-pay principle. (Para 8 , 9 , 10 , 11 , 12) |
| 4. quantum meruit entitlement for work performed under disputed conditions. (Para 13 , 14 , 15) |
| 5. unconscionable contracts void due to unequal bargaining power. (Para 16 , 17) |
| 6. judicial mandate for full reinstatement and back salary arrears. (Para 18 , 19) |
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 e
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 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....
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.
Point of Law - In view of the above provisions of the Act, 1972 it emerges that due to fault of the management of the School the petitioner cannot be penalized by not granting the protection under Se....
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