Page No.# 1/3 vs The State Of Assam And 3 Ors
2021 Latest Caselaw 2862 Gua

                                                                    Page No.# 1/3

GAHC010052442017




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/7297/2017

         BUBUL SARMA and 3 ORS.
         S/O. LT. DINESH SARMA, R/O. VILL. BARAZARA, P.O. BARAZARA, DIST.
         NALBARI, ASSAM, PIN-

         2: SMTI. NILIMA TALUKDAR
         W/O. SHRI KHANIN TALUKDAR
          R/O. VILL. KHATARUPIA BAZAR
          P.O. CHAMATA
          DIST. NALBARI
         ASSAM.

         3: MAHENDRA DEKA
          S/O. LT. CHENIFRAM DEKA
          R/O. VILL. JAYAMANGALA
          P.O. BARAZARA
          DIST. NALBARI
         ASSAM
          PIN-

         4: KANKAN TALUKDAR
         W/O. SHRI RAMESH CHANDRA BARMAN
          R/O. VILL. NALBARI SATRA
          P.O. CHOWK BAZAR
          DIST. NALBARI
         ASSAM

         VERSUS

         THE STATE OF ASSAM and 3 ORS
         REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, EDUCATION
         SECONDARY DEPTT., DISPUR, GUWAHATI-06.

         2:THE DIRECTOR OF SECONDARY EDUCATION
         ASSAM
                                                                      Page No.# 2/3


             DIRECTORATE OF SECONDARY EDUCATION
             KAHILIPARA
             GUWAHATI-781019.

            3:THE COMM. and SECY. TO THE GOVT. OF ASSAM
             FINANCE DEPTT.
            ASSAM SECRETARIAT
             DISPUR
             GUWAHATI-6.

            4:THE INSPECTOR OF SCHOOLS
             NALBARI DIST. CIRCLE
             NALBARI
            ASSAM

Advocate for the Petitioner   : MR P BHARDWAJ

Advocate for the Respondent : SC, SEC. EDU.

                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                       O R D E R

12.11.2021

Heard Mr. P Bharadwaj, learned counsel for the petitioners, Mr. R Mazumdar, learned counsel for the respondents No. 1 and 2 being the authorities under the Secondary Education Department of the Government of Assam and Mr. A Chaliha, learned counsel for the respondent No. 3 being the Finance Department.

2. The petitioners herein, who are Assistant Teachers in High/Higher Secondary Schools in Assam, were terminated from service on 08.10.2007, but were subsequently reinstated pursuant to the judgment dated 16.06.2015 in WA 158/2009 and other Writ Appeals. On being reinstated, the petitioners in this writ petition claim for eight increments that they otherwise would have been entitled had they been in service continuously without being terminated.

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3. As the petitioners were reinstated in service pursuant to the judgment in the Writ Appeal, we are of the view that their entitlement would be covered by the terms and conditions in the judgment of the Writ Appeal, by which they were reinstated in service. Paragraph 29 of the judgment dated 16.06.2015 in WA 158/2009 provides as under:-

"Since appellants are not in service since the date of termination of their services, they would not be entitled to back wages but the period in which they remain out of service may be counted towards the seniority but for the purpose of pension etc. only.

4. As the Division Bench has determined the entitlement of the petitioners as regards the benefits upon being reinstated wherein it is provided that they would not be entitled to back wages, we are of the view that the relief sought for in this writ petition in the present form cannot be granted as the same would amount to an implied modification of the judgment of the Division Bench dated 16.06.2015 in WA 158/2009.

5. In the circumstances, Mr. P Bharadwaj, learned counsel for the petitioners seeks not to press with this writ petition in the present form.

6. In view of the above, the writ petition stands closed on being withdrawn. Closure of the writ petition shall not be a bar to avail any other remedy, if available under the law.

JUDGE

Comparing Assistant