The facts of the case as enumerated in the order passed by the High Court are that, on 28.12.1996 an advertisement was issued by the Director of Elementary Education, Assam, for filling up 7,500 posts of Assistant Teachers in M.E./M.V. After the ban was lifted, the Selection Committee for Udalguri Sub-Division (General Area) in its meeting held on 12.03.2001, recommended the appellant’s name with other candidates for appointment against vacancies in three Legislative Assembly Constituencies, namely, Dalgaon, Majbat and Udalguri. Learned counsel for the appellant submitted that the order passed by the High Court deserves to be set aside as the appellant cannot be made to work without payment of salary, which amounts to Begar, not permissible in law. Therefore, the appointment of the appellant beyond the Udalguri Legislative Assembly Constituency was invalid and in violation of the Rules. Rather, the appointment letter dated 12.03.2001 issued to the appellant by the District Elementary Education Officer, Darrang, Mangaldoi, shows that she was appointed as an Assistant Teacher in Bengabari M.E.
Once the appointment of the appellant had been declared illegal and void ab initio, and was cancelled by the Director of Elementary Education, Assam vide order dated 18.10.2001, the appellant could not legally continue in service thereafter, unless that cancellation order was set aside. For the reasons mentioned above, we do not find any reason to differ with concurrent findings of facts recorded by the High Court.
Case Title: SMT. DULU DEKA Vs. THE STATE OF ASSAM
Case Number: C.A. No.-004455-004455 / 2012
