The state cannot extract services from an employee without providing corresponding compensation. Under the principle of quantum meruit, an individual who has performed duties is entitled to remuneration, regardless of subsequent administrative claims regarding the initial selection process, as the right to salary is a protected right.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. R. P. Sarma, learned Senior Counsel, assisted by Mr. A. Roshid, learned counsel for the petitioner and Mr. P. N. Sarma, learnedStanding Counselfor the respondents in Elementary Education Department.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to regularize her service as Lower Primary School Teacher and also, to release the arrear monthly and current salariesof the petitioner, who has been serving as Assistant Teacher, under the respondent authorities.

Background facts :-

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

“Pursuant to an advertisement, issued by the respondent authorities, the petitioner had applied for a post of Assistant Teacher, under the jurisdiction of Deputy Inspector of Schools, Karimganj, now Sribhumi, and she had appeared before the Sub-Divisional Level Selection Board, for Elementary EducationTeacher, Karimganj and she was selected and approved by the Sub-Divisional Level Selection Board for Elementary Education, Karimganjfor appointment in Primary School, as Primary Teacher and she was appointed and posted at No. 499,DuhaliaLower Primary School, temporarily, as StipendiaryTeacher, with monthlystipend @Rs. 900 only, vide Memo No. DIK/99/2000/A-8/1241-48, dated 20.11.1999.

Thereafter, she was appointed against a permanent vacant post, by the Deputy Inspector of Schools, Karimganj, on 28.03.2001, vide Letter No. DIK/2000-2001/A-8/1506-569, and she has been posted at No. 394 Nilmoni L.P. School, in a regular vacant post and she had joined there on 30.03.2001, and since then she has been rendering her service in the said school.

Thereafter, the Deputy Inspector of Schools, Karimganj, had issued a direction on 28.03.2001, to the Headmaster of the concerned School, directing to prepare ‘Kachabill’, with a view to forwarding the same to the concerned Block Elementary Education Officer/Deputy Inspector of Schools, for drawal of her salary and accordingly, the same was forwarded by the Headmaster, after preparation for drawal of the salary. But, no action was taken upon the same. She has not been paid any salary. Being aggrieved, the petitioner had filed one writ petition, being WP(C) No. 1103/2011, and the same was disposed of on 15.12.2011; directing the petitioner to submit all the relevant documents to the Commissioner and Secretary to the Govt. of Assam, Education Department, to examine her claim.

Thereafter, the petitioner had submitted all relevant documents before the authority and the same were examined by the Commissioner, Education Department, Dispur, Guwahati-6,and vide order, dated 18.07.2013;the prayer of the petitioner was rejected on the ground that her name does not appear in the select list of 112 Nos. of candidates, dated 27/10/1999.

It is the case of the petitioner that she had obtained the select lists, dated 27/10/1999 and 13/11/1999, through R.T.I. and found that her name appeared in the select list, dated 27/10/1999, at Serial No. 112; and that, the Order, dated 18.07.2013, was issued without due application of mind and the same is illegal and arbitrary and is liable to be set aside and quashed. And, it is also the case of the petitioner that she has not been paid salary, for which, she has been suffering from serious financial hardship.

Thereafter, vide letter, dated 11.05.2001, from the Secretary to the Government of Ass