Research › Search › Judgment

Gauhati High Court · body

2017 DIGILAW 351 (GAU)

RUPA BARUAH v. STATE OF ASSAM

2017-03-20

AJIT SINGH, MANOJIT BHUYAN

body2017
JUDGMENT : Ajit Singh, J. Heard on admission. 2. This intra-court appeal is directed against the order dated 9.6.2016 passed by the learned Single Judge of this High Court whereby he has dismissed appellant’s WP(C) 3449/2015. 3. The appellant was initially appointed as Assistant Teacher in Khutikatia Lower Primary School, District-Nagaon. From there, vide order dated 6.11.1999, she was transferred to Kalimohan Boruah Lower Primary School, Nagaon (Sadar) in the same District. Thereafter, vide order dated 19.12.2011 she was transferred from Kalimohan Baruah Lower Primary School to Nabajyoti Lower Primary School under Lawkhowa Education Block also in the same District Nagaon. And pursuant to transfer order dated 29.12.2011, she was also relieved on 13.1.2012 from Kalimohan Baruah Lower Primary School enabling her to join at the transferred post. But instead of joining, she applied for earned leave for the period from 17.1.2012 to 29.2.2012 which was sanctioned. 4. It appears that the appellant was never interested in joining at the transferred place and was aggrieved with her transfer from Kalimohan Baruah Lower Primary School. She therefore challenged the transfer order dated 29.12.2011 by filing WP(C) 477/2013 on 5.2.2013. In the writ petition, she also prayed for her current salary with effect from 21.3.2012. It is relevant to note that during the pendency of the writ petition, no order was passed by the High Court staying the transfer order dated 29.12.2011 of the appellant. The High Court however directed the State Government to place necessary instructions why the current salary of the appellant was not being disbursed to her. The District Elementary Education Officer, Nagaon later vide order dated 26.11.2013 cancelled the earlier transfer order dated 29.12.2011 of the appellant. In the result, the High Court also disposed of appellant’s WP(C) 477/2013 with a direction to the respondents to pay the admissible salary and allowances to the appellant for the intervening period as expeditiously as possible. 5. Armed with the order of the High Court, the appellant approached the authority for release of her salary and allowances after regularizing the period of her absence. But the Deputy Director of Elementary Education, Assam, by his communication dated 17.11.2014 informed the District Elementary Education Officer, Nagaon to treat the period w.e.f. 1.3.2012 to 28.11.2013 i.e. 20 months 28 days as “no work no pay” under the provisions of FR 17(1). But the Deputy Director of Elementary Education, Assam, by his communication dated 17.11.2014 informed the District Elementary Education Officer, Nagaon to treat the period w.e.f. 1.3.2012 to 28.11.2013 i.e. 20 months 28 days as “no work no pay” under the provisions of FR 17(1). Aggrieved, the appellant filed WP(C)3449/2015 which the learned Single Judge has dismissed by the impugned order. 6. Admittedly, pursuant to order dated 29.12.2011, the appellant was transferred from Kalimohan Baruah Lower Primary School, Nagaon to Nabajyoti Lower Primary School in the same District Nagaon. She was also relieved from Kalimohan Baruah Lower Primary School on 13.1.2012 to enable her to join at Nabajyoti Lower Primary School. As mentioned above, instead of joining she applied for earned leave from 17.1.2012 to 29.2.2012 which was sanctioned. She then filed WP(C) 477/2013 in the High Court but her transfer order was not stayed. Despite this, she did not join at Nabajyoti Lower Primary School. In the result, the appellant neither discharged her duties at Kalimohan Baruah Lower Primary School nor at Nabajyoti Lower Primary School where she was transferred. The transfer order of the appellant was, however, cancelled later vide order dated 26.11.2013, but the fact remains that the appellant did not work at all from 1.3.2012 upto 28.11.2013. In the fact situation of the case, it cannot be held that decision of the District Elementary Education Officer, Nagaon to treat the period w.e.f. 1.3.2012 to 28.11.2013 i.e. 20 months 28 days as “no work no pay” to be either arbitrary or unreasonable. The appeal has no merit and is accordingly dismissed.