GUWAHATI, India, Oct. 15 -- Gauhati High Court issued the following order on Sept. 15:
Heard Mr. B. Chetri, learned counsel for the petitioner; Ms. S. Chutia, learned standing counsel for the respondent No. 1 in Elementary Education Department; Ms. R.M. Barooah, learned standing counsel for the respondent No. 2 in Finance Department; and Mr. S. Bora, learned standing counsel for the respondent Nos. 3 to 6 in Bodoland Territorial Council) BTC. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 26.12.2014 (Annexure - L of the petition), issued by the respondent No. 4 and also prayed for directing the respondent Nos. 2 & 4 to release his arrear salary, w.e.f. 23.03.2010 - 09.09.2013 (42 months) in view of the order of this court, dated 25.09.2019, passed in W.P.(C) No. 7383/2017. Background Facts:- 3. The background facts, leading to filing of the present petition, are adumbrated herein below:-
"The petitioner was appointed as Assistant Teacher in Siddheswar M.E. School, vide order dated 18.03.1979, and thereafter his service was regularized vide office order dated 24.03.1987, w.e.f. 01.09.1986, and his service was confirmed vide order dated 23.11.1992. The petitioner being a founder and senior most teacher of the said school, he held the post of Headmaster (i/c) of the School, w.e.f. 1998 - 2000.
Thereafter, in the year 2004 - 2005, due to some dispute for the post of Headmaster, the then Headmaster severally harassed the petitioner and put him under suspension vide order dated 17.11.2008, without serving/supplying any suspension order to him. However, subsequently, it was revoked vide order dated 23.03.2010, by the authority concerned. But, his arrear and current salary was not released and therefore, he approached this court by filing a writ petition, being W.P. (C) No. 1119/2011, and vide order dated 12.08.2011, this court had directed the respondent authorities in BTAD to ensure payment of the arrear and current salary of the petitioner within a time. Subsequently, his arrear salary, w.e.f. 17.11.2008, was released to him in view of the order dated 17.08.2012, passed by this court in Cont. Case (C) No. 129/2012.
The further pleaded case of the petitioner is that he was reinstated in his service, vide office order dated 23.03.2010, and he resumed his duties by submitting application to the then Head Master (i/c) of the school and while the dispute for Headmastership of the School was continued between him and the Headmaster (i/c), the then Headmaster (i/c) of the School created problems one after another to him, by not allowing him to sign in the Teacher's Attendance Register and placed false report to the authority concerned about not reporting for duties etc. and even forced him to leave the job. And during the pendency of the Cont. Case (C) No. 129/2012, for non compliance of the order, dated 12.08.2011, passed in W.P.(C) No. 1119/2011, the Director of Education (BTC), vide office order dated 05.02.2012, placed him under suspension, w.e.f. 27.01.2012, without assigning any reason and the copy of the suspension order was supplied to him after three months, that too by imposing double punishment by directing that during the suspension period, he will put signature in the Teacher's Attendance Register from the very beginning till ending of school hours, which was out and out an illegal order, just to cause damage and undue harassment to him.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoHrDF%2BjGBY4nM17Ekz88SYbEyczgaY0ahs2z8fgYpuey&caseno=WP(C)/2729/2021&cCode=1&cino=GAHC010070622021&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
