JAYANTI DEVI W/O TILAK CHANDRA NATH Vs. STATE OF ASSAM AND 3 ORS
LAWS(GAU)-2018-2-37
HIGH COURT OF GAUHATI
Decided on February 20,2018

Jayanti Devi W/O Tilak Chandra Nath Appellant
VERSUS
State Of Assam And 3 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. B.D. Das, learned senior counsel for the petitioner. Also heard Mr. J. Abedin, learned standing counsel for the Secondary Education Department. None appears for the respondent No.4.
(2.) The petitioner having the qualification of M.Sc in Botany from Gauhati University in the year 1988 was engaged as a subject teacher in Botany in the Dolgoma Higher Secondary School, Goalpara on 01.01.1991. The said post of subject teacher in Botany fell vacant when the regular incumbent namely Chandra Bijoy Hazarika had gone on lien. As such, the vacancy against which the petitioner was appointed was a lien vacancy.
(3.) Subsequently, the petitioner made an application for appointment as a subject teacher in Botany in the said lien vacancy and after considering the petitioner's application, the respondent No.2 by an order dated 21.03.1992 appointed the petitioner as a subject teacher in Botany in the pay scale of Rs.1785/- to 4200/- per-month on a temporary basis subject to termination without notice or till the return of Chandra Bijoy Hazarika. It is stated that since then, the petitioner had been continuously serving as a subject teacher in Botany in the aforesaid scale of pay and the concerned person Chandra Bijoy Hazarika, who had gone on lien never returned to the school.;


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