MULIN SHARMA Vs. STATE OF ASSAM AND OTHERS.
LAWS(SC)-2016-7-21
SUPREME COURT OF INDIA (FROM: GAUHATI)
Decided on July 12,2016

Mulin Sharma Appellant
VERSUS
State Of Assam And Others. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) This appeal is directed against the final judgment and order dated 25.07.2012 passed by the Gauhati High Court at Gauhati in Writ Appeal Nos. 14 of 2010 and 226 of 2009 whereby the Division Bench of the High Court partly allowed Writ Appeal No. 14 of 2010 filed by the appellant herein against the judgment and order dated 19.01.2007 passed by the learned single Judge of the High Court in Writ Petition No. 2357 of 2004 and dismissed the Writ Appeal No. 226 of 2009 filed by the respondents herein.
(3.) Brief facts: (a) Mulin Sharma-the appellant herein, an M.A. in Sanskrit, was employed as an Assistant Teacher (Classical/Sanskrit) in the Rangsina High School, Karbi, Anglong District, Assam in the year 1995. The school was provincialized in the year 1996 as also the services of the appellant herein against the allotted post of Assistant Teacher. (b) Owing to certain differences with the Headmistress (Respondent No. 5 herein) of the School, who incidentally is the wife of Respondent No. 6 herein, who is also the Head Master of the M.E. Section of the said school, the appellant herein was forced to sign the resignation letter under compulsion, force and criminal intimidation by Respondent No. 6 and his men on 22.05.1998 and he was not paid his salary from 23.05.1998. (c) Making a grievance against such forcible obtaining of resignation letter and signature therein, the appellant herein submitted a series of representations to various authorities to take action in the matter. When the appellant herein did not get any response in respect of his grievance relating to forceful obtaining of letter of resignation, he filed a Writ Petition being No. 4047 of 1999 before the High Court. Learned single Judge of the High Court, by order dated 16.08.1999, directed as an interim measure that if the appellant is working in the school in question as on today, he shall be allowed to continue. (d) The writ petition was disposed of by the High Court by order dated 14.07.2003 with a direction that the appellant herein and Respondent Nos. 4 and 5 herein shall appear before the learned Deputy Commissioner, Karbi Anglong, Diphu. The Deputy Commissioner was further directed to determine the facts and circumstances under which the resignation letter came to be issued and signed by giving opportunity to both the sides. (e) The Deputy Commissioner, Karbi Anglong, Diphu, after conducting an enquiry and also after affording reasonable opportunity to both the sides, by order dated 16.10.2003, held that the resignation tendered by the appellant herein was voluntary and that in terms of the order dated 14.07.2003, the competent authority will have to accept the resignation of the appellant herein afresh. (f) After the Order so passed by the Deputy Commissioner, the Deputy Secretary, Education Department (Higher), Karbi Anglong Autonomous Council (KAAC) passed an order dated 12.01.2004 accepting the resignation of the appellant herein with effect from 16.10.2003, i.e., the date of the order passed by the Deputy Commissioner, with the stipulation that the appellant herein would not be entitled to any financial benefits w.e.f. 22.05.1998 since according to the said authority, he did not attend his duties from 22.05.1998. (g) Another consequential order dated 27.01.2004 was issued by the office of the Inspector of Schools, Karbi Anglong District Circle, Diphu stating that the resignation letter dated 22.05.1998 tendered by Shri Mulin Sharma, Classical Teacher at Rangsina High School is hereby accepted without any financial benefit with effect from 22.05.1998 since the incumbent concerned did not attend his duties. (h) Being aggrieved by the order dated 16.10.2003 passed by the Deputy Commissioner, the appellant herein preferred a Writ Petition being No. 2357 of 2004 before the High Court. Learned single Judge of the High Court, by order dated 19.01.2007, partly allowed the petition by holding that the resignation was not voluntary without passing any direction on the back wages. (i) Being aggrieved by the order dated 19.01.2007 to the extent of back wages for the period 23.05.1998 to 16.08.1999, the appellant herein preferred Writ Appeal being No. 14 of 2010 before the High Court. The respondents herein also preferred Writ Appeal No. 226 of 2009 before the High Court against the aforesaid order. (j) The Division Bench of the High Court, by common judgment and order dated 25.07.2012 denied back wages to the appellant herein while granting a sum of Rs. 25,000/- for wrongful denial of his employment during the abovesaid period in question. Writ Appeal No. 226 of 2009 was, however, dismissed by the Division Bench. (k) Aggrieved by the order dated 25.07.2012, the appellant herein has preferred this petition by way of special leave before this Court.;


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