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Meghalaya High Court · body

2019 DIGILAW 20 (MEG)

Artistwell Thongni v. State of Meghalaya

2019-02-13

S.R.SEN

body2019
JUDGMENT : 1. Heard Mr. P. Yobin, learned counsel for the petitioner as well as Mr. H. Kharmih, learned GA for the respondents No. 1-6 and Mr. G.S. Massar, learned Sr. counsel assisted by Mr. R. Kharsyad, learned counsel for the respondents No. 7 & 8. The brief facts of the case in a nutshell is that: "The factual matrix of the case is that the petitioners were appointed as lower and upper primary school teachers by the Managing Committee of the Nongmluh Church of God Upper Primary School, which is a School under SSA (SARVA SIKSHA ABHIYAN). That even though the salaries of the teachers were released from the government the Managing Committee withhold salary of the teachers from the month of May 2017 on groundless allegations that the teachers did not attend the school and remained themselves absent. Therefore being aggrieved of such illegal action on the part of the School Managing Committee, the petitioners brought to the attention of District Mission Coordinator (SSA) vide letter dated 19.07.2017. Thereafter on the interventions of the state respondents the managing committee released part of the salary, however the Managing Committee demanded deduction of Rs. 5000/- (Rupees five thousand) only from the petitioners salary, the petitioners rejected to such illegal demand consequently the Managing Committee did not allow the petitioners to reopen the School for the session 2018, inspite of the fact that students for the session 2018 have already taken admission. The illegal act of the Managing Committee was brought to the notice of the Government particularly the respondent No. 5, but inspite of waiting for intervention and resolving the issue the Respondents are sitting tight hence left with no other alternatives, the petitioners are preferred the instant Writ petition for enforcement of the fundamental rights and of the students." 2. All the learned counsels for the parties agreed with the submission of the learned Sr. counsel, Mr. G.S. Massar that government should take necessary steps to reopen the School and the Managing Committee should also cooperate with the government so that the School will function smoothly without any hindrance and it will not disturb the career of the students. 3. All the learned counsels for the parties agreed with the submission of the learned Sr. counsel, Mr. G.S. Massar that government should take necessary steps to reopen the School and the Managing Committee should also cooperate with the government so that the School will function smoothly without any hindrance and it will not disturb the career of the students. 3. Since it is a joint submission of all the learned counsels for the parties, it is hereby directed to all the respondents to take necessary steps to reopen the School immediately and the Managing Committee is also directed to cooperate with the government. Teachers are also directed to attend to their duties regularly so that the students will not suffer further. 4. Learned counsel for the petitioner, Mr. P. Yobin also submits that though the salary has been released by the government but they are yet to receive the salary. Both the Government and the Managing Committee should look into the matter on priority basis. 5. With this observation and direction, this writ petition is allowed and stands disposed of.