IMPORTANT POINT
Order of termination even if passed will take effect unless served /communicated to the employee.

Judgment

M.Y. Eqbal, J.

Leave granted.

2. The appellant has preferred this appeal by special leave against the impugned order dated 06.04.2010 passed by the Gauhati High Court in Writ Petition (Civil) No.2560 of 2007, filed by the appellant seeking a direction to the respondents to allow her to continue in service as Headmistress in-charge of the Dhemaji Rastrabhasha Hindi Lower Primary School; for regularisation of her service and for payment of regular salary to her for the service being rendered. The High Court dismissed the said writ petition.

3. The facts of the case which reveals from the list of dates furnished by the appellant and have not been disputed by the respondents, are as under.

4. The appellant was first appointed as an Assistant Teacher in Assamese subject in the Dhemaji Hindi Lower Primary School in 1976. By order dated 19.12.1989 of the Deputy Inspector of Schools, Dhemaji, appellant was finally appointed as an Assistant Teacher as against the substantive vacancy in the said school. Even though the appellant was rendering continuous service as Assistant Teacher for more than 10 years, she was not paid her salary. Aggrieved by the same, she filed a writ petition being W.P.(C) No.833 of 1999. Thereafter, the respondents-Authority directed the Deputy Inspector of Schools, Dhemaji to enquire into non-payment of salary and furnish a report. On submission of such report, the Additional Secretary, Education Department by order dated 03.05.2000, directed the Deputy Inspector of School, Dhemaji, to release the salary of the appellant for the period she rendered her services. Thereafter, by order dated 12.09.2000, the High Court disposed of the said writ petition with a direction to the respondents to release the salary of the appellant not only from the current month but also for the period she actually rendered her services as a Teacher and to make an enquiry as to the appellant's entitlement for regularisation of her services and pass necessary orders. It is stated that the respondents have not filed any appeal against the said order and, therefore, the findings and directions as aforestated has since attained finality.

5. In view of the directions given by the High Court vide its order dated 12.09.2000 passed in W.P.(C) No.833 of 1999, the appellant was paid all arrears of her salary and other allowances till August, 2007.

6. In the year 2005, the appellant had been given charge of the Head Mistress. On the date of crossing the “Efficiency Bar”, she was also given the next increment by order dated 05.03.2005.

7. It is pertinent to note that in connection with another writ petition being W.P.(C) No.4468/2006, the Deputy Inspector of Schools, Dehmaji, submitted a report on 03.11.2006 enclosing therewith a list of 193 teachers who had been appointed in 1989 but were subsequently terminated, still drawing their salaries. In the said list of 193 candidates, the name of the appellant was shown at Serial No.168. The Deputy Inspector of Schools, Dhemaji, vide his letter dated 09.11.2006, informed the Director, Elementary Education, Assam, that the said report was prepared without going through the official records and relevant files and the same was not wholly correct. Consequently, the respondents-authority by order dated 09.02.2007, stopped the salary of 193 teachers including the appellant. Aggrieved by the same, the appellant filed the writ petition being W.P. No.2560 of 2007 which was dismissed by the High Court. In the said writ petition, it was categorically averred that the appellant had never been terminated from her service and no order of termination had ever been served upon her.

8. It is also evident from the report dated 25.02.2008 of the Deputy Inspector of School, Dhemaji that the appellant was never terminated from her services and her name was not included in the list of 752 teachers who were terminated in the year 1992 as per letter dated 12.05.1992 of the Director, Elementary Education, Assam. Thereafter, the