DULU DEVI versus STATE OF ASSAM AND OTHERS

DULU DEVI versus STATE OF ASSAM AND OTHERS

The services of a teacher who has worked continuously for 25 years cannot be assumed to have been terminated unless a termination order is communicated; therefore, the appellant was entitled to continue in service and receive arrears of salary.

Parties
Appellant: Oulu Devi; Respondents: State of Assam and Others
Jurisdiction
India
Judgment Date
09 October 2015
Procedural Posture
Civil Appeal / Appeal From Gauhati High Court, Writ Petition (civil) No. 2560 of 2007
Outcome
Appeal allowed
Legal Topics
Regularisation of Service, Termination of Service, Payment of Salary, Communication of Termination Order, Continuous Service
Service Law Regularisation of Service Termination of Service Payment of Salary Communication of Termination Order Continuous Service

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Oulu Devi

Appellant

State of Assam and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Gauhati High Court, Writ Petition (civil) No. 2560 of 2007

Legal Issues

  1. 1 Whether the appellant's service was validly terminated
  2. 2 Entitlement to continued service and arrears of salary
  3. 3 Effect of non-communication of termination order

Ratio Decidendi

The services of a teacher who has worked continuously for 25 years cannot be assumed to have been terminated unless a termination order is communicated; therefore, the appellant was entitled to continue in service and receive arrears of salary.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order set aside
  • Appellant shall be entitled to continue in service