BEAUTY DEKA Vs. STATE OF ASSAM AND OTHERS
HIGH COURT OF GAUHATI
State of Assam and Others
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Manojit Bhuyan, J. -
(1.) Heard Mr. U.K. Das, learned counsel for the appellant/writ petitioner as well as Ms. P. Chakraborty, learned counsel representing respondent nos.1, 2 and 3. Mr. R. Borpujari, learned counsel appears on behalf of respondent nos.5 and 6.
(2.) Challenge is made to the judgment and order dated 01.08.2016 passed in WP(C) 3779/2013. In the said writ petition, instituted by the appellant herein, reliefs sought for were in respect of setting aside Advertisement of the post of Hindi Teacher at Palashtal Kachamari High School; for direction to the respondents to adjust her service against the sanctioned vacant post of Hindi Teacher at the said Palashtal Kachamari High School with regular scale of pay, and for payment of arrear and current salary with effect from August, 2006. The writ petition was disposed of holding that the appellant was not entitled to any salary and in respect of the prayer for regularization/adjustment of service, the same be considered by the respondents prospectively. Being aggrieved, the present appeal is laid.
(3.) At the outset, it would be worthwhile to place on record that the memorandum of appeal had undergone amendment, on being so allowed vide order dated 21.11.2017 passed in I.A.(Civil) No.3509/2017. In the amended memorandum of appeal, a new document has been introduced, being the letter dated 24.01.2017 (Annexure-1A) which is to the effect that the adjustment or regularization of services of the appellant in a vacant sanctioned post of Hindi Teacher in any High School/Higher Secondary School cannot be considered as on date as the appellant do not possess TET qualification which is mandatory for recruitment of teachers.;
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