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HIGH COURT OF GAUHATI
Rajesh Mazumdar, J
Smti. Riva borkataky, W/o. Dibyajyoti Baruah – Appellant
Versus
Elementary Education Department – Respondent
| Table of Content |
|---|
| 1. claim for salary arrears. (Para 2 , 3) |
| 2. argument on unpaid salaries. (Para 10 , 11 , 12) |
| 3. court's observation on employment rights. (Para 15 , 18) |
| 4. establishment of continuing wrong. (Para 17) |
| 5. final ruling on payment and compliance. (Para 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
RAJESH MAZUMDAR, J.
1. Mr. A.C. Borbora, learned Senior Counsel with the assistance of Ms. N. Dey, learned counsel has appeared for the petitioner. Also heard Mr. P.K. Bora, learned Standing counsel appears for the respondent Elementary Education Department.
2. This writ petition had been instituted by the petitioner claiming salaries from 28.12.1999 till 12.08.2010 and also for direction to the respondent authorities to consider the service rendered by the petitioner to the Department to be eligible for the benefits of the Old Pension Scheme under the Assam Services Pension Rules , 1969. Although an alternate prayer had been made in the writ petition to direct the respondent authorities to release the pensionary benefits to the petitioner under the New Pension Scheme, since the petitioner had already retired, such alternate prayer was not pressed during the final arguments.
3. As reflected i
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