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2014 DIGILAW 866 (PAT)

Birendra Pandey v. State of Bihar

2014-08-08

CHAKRADHARI SHARAN SINGH

body2014
Chakradhari Sharan Singh, J. – As per the case of these petitioners, four in number, pursuant to an advertisement published in Hindi daily, Aryavarta on 08.08.1988, they had applied for appointment as Assistant Teachers in Government Basic Schools. It is their specific plea that they were issued interview letters after following due procedure and thereafter they were appointed. The appointment letters have been brought on record as annexures-7, 8, 10 and 11 to the writ application. It is also their specific case that they submitted their joining in respective schools pursuant to the said appointment letters and were getting their salaries regularly. Service books were also opened. It is the petitioners’ case that they had approached the authorities raising a grievance as regards non payment of their salaries. Thereafter, a first information report came to be instituted vide Mairwan PS case No. 126/1992 in which the petitioners were also made accused on the ground that they had obtained the appointment letters fraudulently. 2. Learned counsel appearing on behalf of the petitioners has drawn my attention to a judgement of learned Sub divisional Judicial Magistrate, Siwan in trial No. 1001/ 2010, arising out of the said Mairwan PS case No. 126/1992, in order to contend that the trial court acquitted the petitioners of the charge framed against them under sections 419, 420, 468, 471 and 462 of the Indian Penal Code. He submits that their appointment letters have neither been cancelled nor there is any finding of authorities that such appointment letters are illegal, which has been communicated to these petitioners. He has also drawn my attention to a representation filed by the petitioners on 16.05.2011 before the Regional Deputy Director of Education, Saran Division at Chapra making a grievance that they are neither being allowed to join their services, in spite of their acquittal in criminal case, nor are being paid their salaries. It is submitted that despite passage of several years, the State Government has not taken a decision on representation filed by the petitioners. 3. Though the writ application was filed in the year 2011 and was admitted for hearing by an order dated 14.03.2012, till date no counter affidavit has been filed on behalf of the respondents- the State of Bihar. The conduct of the respondents in not filing counter affidavit is deprecated. 3. Though the writ application was filed in the year 2011 and was admitted for hearing by an order dated 14.03.2012, till date no counter affidavit has been filed on behalf of the respondents- the State of Bihar. The conduct of the respondents in not filing counter affidavit is deprecated. This writ application is being disposed of on the basis of the pleadings made in the writ application. 4. It is the specific case of the petitioners that they were validly appointed after following the due procedure. The appointment letters have been brought on record. This is also their specific plea that their appointment letters have not been cancelled. In such circumstances, the denial by the respondents to allow the petitioner to discharge their duties on the posts on which they were appointed, on the face of it, appears to be highly arbitrary and illegal. However, in the facts and circumstances of the case, I direct the Regional Deputy Director of Education, Saran Division at Chapra to consider the petitioners’ representation dated 16.05.2011, which is annexure-19 to the present writ application. The Regional Deputy Director of Education, Saran Division at Chapra will be required to give the petitioners an opportunity of personal hearing before passing any order on the representation. The Regional Deputy Director of Education, Saran Division at Chapra will examine the validity/ legality of appointment letters issued in favour of the petitioners, if the petitioners produce their interview letters, appointment letters before him and thereafter he will pass a reasoned and speaking order as regards the legality or otherwise of the appointment of the petitioners as Assistant Teachers in Basic Schools. If he comes to any adverse finding, he will be required to issue notices to the petitioners asking their response. This order is being passed in the light of assertion made in the writ application that their appointment letters have not been cancelled. If no illegality is found in the appointment of the petitioners, the Regional Deputy Director of Education will issue appropriate orders allowing the petitioners to join their respective service and will ensure payment of their salaries. The petitioners shall have liberty to claim for back wages also before the Regional Deputy Director of Education on the ground that they were forced not to discharge their duties during the period in question. The petitioners shall have liberty to claim for back wages also before the Regional Deputy Director of Education on the ground that they were forced not to discharge their duties during the period in question. Such claim will also be considered by the Regional Deputy Director of Education, Saran Division at Chapra. The entire exercise, as noted above, must be completed within a period of six months from the date of receipt/ production of a copy of this order. 5. This writ application is, accordingly, disposed of.