This writ petition challenged non-payment of salaries to petitioners appointed as Mother Teachers since 1997. The High Court dismissed the petition, holding that the petitioners were disentitled due to a delay of over twenty years in approaching the court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010048452018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1462/2018
1:DULALI MONDAL AND 2 ORS.
W/O. SRI HARIPADA MANDAL, R/O. VILL. JOYPUR, P.O. BAGURIKHUTI, DIST. BAKSA, BTC, ASSAM.
2: JOTSNA CHANDA W/O. SRI DILIP DAS RESIDENT OF VILLAGE- NATUNKHUTI P.O. NATUNKHUTI DISTRICT- BAKSA BTC ASSAM.
3: SANTA DEKA RESIDENT OF VILLAGE-SAHPUR P.O. TEBITOLA DIST. BAKSA BTAD ASSAM
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, (ELEMENTARY EDUCATION), DISPUR, GUWAHATI-781006
2:THE COMMISSIONER AND SECRETARY (FINANCE) GOVT. OF ASSAM DISPUR GUWAHATI-6
3:THE BODOLAND TERRITORIAL COUNCIL
REP. BY THE SECRETARY (EDUCATION) BTAD SECRETARIAT
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KOKRAJHAR ASSAM.
4:THE DIRECTOR (ELEMENTARY EDUCATION) KOKRAJHAR ASSAM 5:THE INSPECTOR OF SCHOOLS BAKSA DIST. BAKSA BTAD ASSAM. 6:THE DEPUTY INSPECTOR OF SCHOOLS BAKSA DIST. BAKSA BTAD ASSAM
Advocate for the Petitioner : MR. S NATH
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER
03-04-2018
Heard Ms. C. Medhi, learned counsel for the petitioners. Also heard Mr. A. Deka, learned Standing counsel, Education Department for the respondent No.1, Mr. B. Gogoi, learned Standing counsel, Finance Department for the respondent No.2 and Ms. B. Bhuyna, learned Standing counsel, BTC for the respondent Nos. 3 to 6.
The contention of the petitioners herein is that in terms of the order of the Deputy Inspector of Schools, Nalbari issued in the month of November, 1997 and as per the approval of the Under Secretary, Education of the erstwhile Bodoland Autonomous Council (BAC), Kokrajhar and as per the new Education Policy of the BAC w.e.f. 01.01.1997, the petitioners were appointed as Mother Teacher in provincialised LP Schools in terms of the decision made
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by the Managing Committee of the Schools concerned with the observation that the monthly fixed pay will depend upon the staff fund allotted by the BAC. The petitioners further stated that pursuant to such appointment order in the year 1997, the petitioners on 21.11.1997, 29.11.1997 and 29.12.2009 joined their services as Mother Teacher and serving till date but they have not received their salaries from the date of their joining till date and hence they file this writ petition on 12.03.2018 for a direction to the respondents herein to release their salary w.e.f. November, 1997 till date.
Any recruitment made in provincialised LP Schools is regulated by a statutory recruitment Rules, namely, The Assam Elementary Education (Provincialisation) Rules, 1979 which came into force w.e.f. 19.07.1979 a statutory rule under Article 309 of the Constitution of India. The said 1979 rules does not prescribe any post of Mother Teacher in provincialised LP Schools in the State. Further, the petitioners have approached this court after more than 20 years without explaining any reason for their delay in approaching the Court for their claim in the present writ petition.
For the reasons above and for delay in approaching this Court, the petitioners herein are disentitled to the rights which they have claimed in this writ petition and accordingly, this writ petition being devoid of any merit stands dismissed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioners, who have approached the court after a delay of more than twenty years, are entitled to the relief of arrears of salary.
DULALI MONDAL AND 2 ORS.
THE STATE OF ASSAM
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
