IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8864 of 2009
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Saryug Prasad, Son of Late Hari Mahto, resident of Mohalla - Sansar
Pokhar, P.O. + P.S. - Lakhisarai, District - Lakhisarai, At present posted as
Assistant Teacher in Kanya Primary School, Dhol Katwa, Anchal -
Gidhaur, District - Jamui.
.... .... Petitioner.
Versus
1. The State of Bihar through the Principal Secretary, Department of
Human Resources, Government of Bihar, Patna.
2. The Director, Primary Education, Bihar, Patna.
3. The Regional Deputy Director of Education (R.D.D.E.), Munger
Division, District - Munger.
4. The District Magistrate, Jamui.
5. The District Superintendent of Education -cum- Sub-Divisional
Education Officer, Jamui.
6. The Block Education Extension Officer, Jhajha, District - Jamui.
7. The Treasury Officer, Jamui.
.... .... Respondents.
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Appearance:
For the Petitioner/s : Mr. Arun Kumar
For the Respondent/s : Mr. (Ga1)
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CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA
ORAL ORDER
(Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA)
04/ 06-09-2011 Heard counsel for the petitioner and counsel appearing
for the State.
Petitioner’s prayer is for a direction to the respondents
for making payment of arrears of salary withheld since July, 2002
till the date he has been dismissed from service vide order dated
3.11.2009 issued by the District Superintendent of Education,
Jamui contained in Memo No. 1623 dated 5.11.2009. Petitioner
was appointed as Matric trained teacher on 18.7.1984 and joined in
Kanya Primary School, Dholkatwa in the district of Jamui.
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Petitioner continued in service almost for 24 years. In the year
2002 some complaints were made with regard to appointment of
petitioner on the basis of forged Matric and training certificate.
Some enquiry was initiated and payment of salary to the petitioner
was stopped.
Petitioner’s case is that he was continued to discharge
his duty and was never put under suspension, as such he is entitled
for the salary for the period he has worked.
On the other hand, counsel appearing for the State
submits that since, petitioner’s appointment was on the basis of a
forged document; his initial appointment was itself bad. On
enquiry it was found that certificate produced by the petitioner for
his appointment was forged document and in the facts and
circumstances even if he continued to discharge his duties, he
cannot entitled for his salary.
The termination order has been challenged by the
petitioner by filing an appeal before the appropriate forum.
Admittedly the respondent, despite having this knowledge that the
educational certificates produced by the petitioner was forged, did
not take any step for restraining the petitioner from discharging his
duties, he was not put under suspension and no departmental
proceeding was initiated against him. Placing reliance on the report
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submitted by the Bihar School Examination Board dismissal order
has been issued, which is under challenge before the appropriate
forum. In the facts and the circumstances of this case, petitioner is
entitled for his salary for the period he actually worked, despite the
fact that finally he has been dismissed from service, Payment of
salary has been stopped since July, 2002 till the date of dismissal
order issued by the D.S.E., Jamui dated 5.11.2009. The
respondents are directed to make payment of entire salary to the
petitioner subject to the final order passed in the appeal preferred
by the petitioner within twelve weeks from the date of
communication/production of this order. In case the appeal
preferred by the petitioner is dismissed, respondents will have to
liberty to take steps for recovery of amount paid as salary to the
petitioner.
This application is disposed of.
(Mridula Mishra, J)
DKS/