SMTI RUNU SARKAR Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-5-3
HIGH COURT OF GAUHATI
Decided on May 02,2018

Smti Runu Sarkar Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) None appears for the petitioner when the matter is called today. Earlier also when the matter was called on 05.03.2018, none appeared for the petitioner. But on 19.03.2018, Ms. P. Bhuyan, learned counsel prayed that three days time be allowed to take the required steps. Accordingly, although steps were taken, but neither the A/D card nor the unserved notice has been received back till date as indicated in the Office Note dated 27.04.2018.
(2.) It is taken note of that by this writ petition, the petitioner seeks for a direction to the respondent authorities to release the unpaid salary amounting to Rs.64,797/- for the period 05.07.2003 to 07.03.2004. It is stated by Mr. S.K. Ghosh, learned standing counsel for the Secondary Education Department that during the said period, the petitioner was placed under suspension. It is also stated that although the petitioner was placed under suspension, but the records does not reveal that any disciplinary proceeding was initiated against the him nor was there any order providing that the salary for the aforesaid period be not paid.
(3.) In the aforesaid factual circumstance, this Court is of the view that the respondent No.5 being the Headmaster of the School is not a necessary party for a proper adjudication of the matter and the matter can also be effectively decided in his absence.;


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