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Allahabad High Court · body

2018 DIGILAW 1029 (ALL)

RAM KISHORE SHARMA v. STATE OF U. P.

2018-04-26

B.AMIT STHALEKAR

body2018
JUDGMENT : Hon'ble B. Amit Sthalekar,J. Heard Shri Arpit Agarwal, learned counsel for the petitioner and the learned Standing Counsel for the State-Respondents. 2. The petitioner in the writ petition is seeking quashing of the order dated 11.11.2010 whereby his prayer for payment of salary from July, 2007 to December, 2007, difference of salary from the post of Assistant Teacher, Primary School to Assistant Teacher, Junior High School for the month of January, 2008 and thereafter as Assistant Teacher, Junior High School from February, 2008 to December, 2008 and the difference of salary from Assistant Teacher, Primary School to Assistant Teacher, Junior High School since January, 2009 has been rejected. 3. Briefly stated the case of the petitioner is that he was initially appointed as Assistant Teacher in the Junior Basic School and was promoted as Assistant Teacher in the Junior High School on 30.06.2007 and posted in the Junior High School, Dhaneli, Block Shergarh, District Bareilly. Earlier he was teaching in the Primary School, Theria Kalyanpur. It is stated that under the order of the Assistant Basic Education Officer and District Basic Education Officer dated 02.07.2007 he joined on the promoted post in the school in village Dhaneli, Shergarh, District Bareilly on 02.07.2007. It is also stated that while he was posted as Assistant Teacher in the Primary School, Theria Kalyanpur he was directed to take charge in the Primary School, Theria to complete the construction work of an additional class room which was partly constructed on the date of his promotion. After the work of construction of an additional class room was over, he was relieved from Primary School, Theria on 04.02.2008 and thereafter he reported to the Junior High School, Dhaneli, Block Shergarh, District Bareilly for joining but the Headmaster of the Junior High School has not allowed him joining. Upon refusal of the Headmaster to allow him joining the District Basic Education Officer issued a letter on 04.04.2008 directed the concerned Assistant Basic Education Officer, Block Shergarh to enquire into the matter and to allow joining to the petitioner in Junior High School, Dhaneli Kalyanpur, District Bareilly. When he was not allowed joining he went back to his original place of posting at Primary School, Theria Kalyanpur on the post of Assistant Teacher. 4. When he was not allowed joining he went back to his original place of posting at Primary School, Theria Kalyanpur on the post of Assistant Teacher. 4. Learned Standing Counsel, on the other hand, supported the contents of the impugned order and stated that the petitioner himself did not report for joining in the Junior High School, Dhaneli and therefore, he would not be entitled to any salary for the period he did not work on the principle of 'no work no pay'. 5. Annexure-3 to the writ petition is an order dated 02.07.2007 issued by the Assistant Basic Education Officer, Meerganj, Bareilly directing the attachment of the petitioner in the Primary School, Theria Kalyanpur till completion of the work of construction of an additional class room. 6. Annexure-4 to the writ petition is an order passed by the Assistant Basic Education Officer, Meerganj, Bareilly relieving the petitioner from the Primary School, Theria Kalyanpur on 04.02.2008 and specifically mentions that the work of construction of an additional class room is over and the petitioner is therefore being relieved. 7. Annexure-5 to the writ petition is an order passed by the District Basic Education Officer, Bareilly dated 04.04.2008 directing the Assistant Basic Education Officer, Block Shergarh, Bareilly to examine the papers of the petitioner and allow him joining in the Junior High School, Dhaneli, Kalyanpur, District Bareilly. 8. Annexure-6 to the writ petition is the petitioner's letter addressed to the District Basic Education Officer, Bareilly dated 08.04.2008 mentioning therein that he had approached the Principal of the Junior High School, Dhaneli, Kalyanpur to allow him joining but the Principal declined to do so and told him that he would first talk to the Assistant Basic Education Officer and thereafter intimate him. When the petitioner did not hear anything from the Principal of the Junior High School, Dhaneli he had no option but to go back to Primary School, Theria, Kalyanpur and he joined there as Assistant Teacher. 9. From these documents it would be seen that the petitioner after his promotion as Assistant Teacher, Junior High School on 30.06.2007 was nevertheless attached to the Primary School, Theria, Kalyanpur till completion of the work of construction of an additional class room and it is only after the work of construction of an additional class room was completed, he was relieved from Primary School, Theria on 04.02.2008. Thereafter the petitioner approached the Principal of the Junior High School, Dhaneli, Kalyanpur, District Bareilly to allow him joining but he did not allow him joining and therefore the District Basic Education Officer, Bareilly wrote a letter to the Assistant District Basic Education Officer, Meerganj on 04.04.2008 to enquire into the matter and allow him joining. When this directive of the District Basic Education Officer also was not considered the petitioner submitted a complaint on 08.04.2008 before the District Basic Education Officer, Bareilly intimating him that he was go back to his original school i.e. Primary School, Theria, Kalyanpur. 10. None of these facts have been discussed in the impugned order by the District Basic Education Officer, Bareilly. The only reference is to the letter dated 04.04.2008 written by the District Basic Education Officer to the Assistant Basic Education Officer but thereafter there is no reference to the petitioner's letter dated 08.04.2008. The impugned order also does not indicate that the Assistant Basic Education Officer took any action on the order of the District Basic Education Officer, Bareilly dated 04.04.2008. The petitioner not being allowed to join at Junior High School, Dhaneli, Kalyanpur, District Bareilly therefore he had no option but to go and join in his original school which was Primary School, Theria, Kalyanpur. 11. From the above, it is established beyond doubt that the petitioner was throughout ready and willing to join in the Junior High School, Dhaneli, Kalyanpur, District Bareilly but it was the respondents who first attached the petitioner in the Primary School, Theria to oversee the completion of construction of an additional class room which is not the job of the teacher and even after he was relieved therefrom on 04.02.2008 he was not allowed to join in the Junior High School, Dhaneli, Kalyanpur. 12. In the circumstances, the case of the petitioner cannot be said to be one to which the principle of 'no work no pay' can be applied. 13. For reasons aforesaid, the impugned order dated 11.11.2010 is quashed. 14. The writ petition stands allowed. 15. 12. In the circumstances, the case of the petitioner cannot be said to be one to which the principle of 'no work no pay' can be applied. 13. For reasons aforesaid, the impugned order dated 11.11.2010 is quashed. 14. The writ petition stands allowed. 15. A direction is issued to the respondents to pay the petitioner's salary from July, 2007 to December, 2007, difference of salary from the post of Assistant Teacher, Primary School to Assistant Teacher, Junior High School for the month of January, 2008 and thereafter as Assistant Teacher, Junior High School from February, 2008 to December, 2008 and the difference of salary from Assistant Teacher, Primary to Assistant Teacher, Junior High School since January, 2009.