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2019 DIGILAW 87 (MEG)

Mojial Hoque Mondal v. State of Meghalaya

2019-03-27

H.S.THANGKHIEW, MOHAMMAD YAQOOB MIR

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JUDGMENT : MOHAMMAD YAQOOB MIR, J. 1. This appeal is directed against the judgment dated 21.05.2018 passed by the learned Single Judge in WP (C) No.233 of 2017. 2. According to the learned counsel for the appellant, position of the case has been mis-appreciated as a result whereof, judgment impugned totally dehors the rules, law and facts has been passed. 3. According to the learned counsel for the respondents, appellant was not holding a sanctioned post therefore, his pay has rightly been directed by the learned Single Judge to be fixed as per the rules and regulations of the school. Precise factual background: 4. Appellant admittedly has been appointed as Assistant Teacher in Matri Mangal Girls Upper Primary School, SSA, Moulakandi, West Garo Hills, Tura vide Managing Committee resolution No.1 dated 26.05.2001 and his monthly pay was fixed by the Managing Committee. By now, he has been serving in the school for the last more than 18 years, his salary for the period i.e. April to June 2016 and thereafter was not released. 5. Additional Deputy Commissioner (District Mission Coordinator, SSA), West Garo Hills Tura vide his letter No.SSA/WGH/FIN/-12/2017-18/LS dated 06.06.2017 addressed to the Joint Director Mission Coordinator, Tura/Dadenggre has forwarded fund allotment of SSA teachers regarding arrears and salaries vide cheque No.736293 dated 05.06.2017 amounting to Rs.8,33,11,657/- only for the months of April to June 2016 as arrear and salary for the month of March based on trained/untrained teacher and salary for the month of April 2017 with a caution that the salary be transferred to SMCs bank account immediately. After the fund is credited to the account of Joint Director, District Mission Coordinator, SMC may be directed to release salary to the bank accounts of respective teachers through E-transfer without fail and under no circumstances salary shall be paid in cash. List of fund allotment and list of LPS/UPS teachers based on trained/untrained has been enclosed with the letter. 6. List of fund allotment and list of LPS/UPS teachers based on trained/untrained has been enclosed with the letter. 6. Joint Director, District Mission Coordinator, SSA, Dadenggre,\ West Garo Hills has issued an order dated 14.06.2017 in terms whereof, Rs.4,76,21,647/- has been released to the schools, under Joint District Mission Coordinator, Dadenggre, for payment of arrears salary for the months of April to June 2016 (three months); salary for the month of March 2017 as per classification and salary for the month of April 2017 without classification to teachers of SSA LPS and UPS as per the list attached with the said order with the following terms and conditions. "TERMS & CONDITIONS The release of Grant is subject to the following Terms & Conditions: 1. The Grant will be released through the account of respective SMC. 2. The SMC are to maintain separate accounts and ledgers of the Grant received. 3. The Grant to be immediately e-transfer to the personal account of the teachers. Under no circumstances payment is made in cash. Deviation will be reviewed seriously. 4. The payment should be made only to the teachers as per list enclosed herewith. No deviation from the list will be accepted. Any genuine deviation from the approval list of teachers as enclosed herewith shall be accepted only with proper documents and approval. 6. The grant should be utilized for the purpose for which it mean. 7. The SMC will submit U/C and expenditure statement to the undersigned of the utilization of the Grant by 1st July 2017 positively." 7. In the said list, names of three teachers of Matri Mongal, SSA, UPS, Moulakandi also figured at serial No.90 which include the name of the appellant wrongly named as Mozial Khatun. President of Mantri Mangal Girls SSA, UP School, Moulakandi on 07.07.2017 has issued a certificate certifying therein that Shri Mojial Hoque Mondal, Assistant Language teacher in English subject of Mantri Mangal Girls SSA, UP School, Moulakandi, West Garo Hills whose name in the final Government sanction list is shown as Mozial Khatun at serial No.90(2) dated 06.06.2017 instead of Mojial Hoque Mondal. The name of Mojial Hoque Mondal and Mozial Khatun refers to one and the same person and same teacher of the said school. The said certificate has been countersigned by Sub-Divisional School Education Officer, Dadenggre, West Garo Hills. The name of Mojial Hoque Mondal and Mozial Khatun refers to one and the same person and same teacher of the said school. The said certificate has been countersigned by Sub-Divisional School Education Officer, Dadenggre, West Garo Hills. Similar certificate has also been issued by Sub- Divisional School Education Officer, Dadenggre on 25.07.2017. 8. The said Sub-Divisional School Education Officer, Dadenggre has issued an order in the name of Headmaster-cum-Secretary, Mantri Mangal Girls SSA, UP School, Moulakandi to release SMC pay fixation and salary of Shri Mojial Hoque Mondal, sanction teacher of the said school w.e.f. 01.03.2017 to April 2017 including arrear pay etc. without fail. 9. In the affidavit-in-opposition as filed before the writ court, position of the appellant has not been denied. In para-11, it has been qualified that while typing the name of the petitioner in the enclosure annexed with the sanction order dated 14.06.2017 issued by Joint District Mission Coordinator, SSA, Dadenggre, position of the petitioner is found correct, however due to oversight, name has been recorded differently. In para-6 also it has been stated that as per Sarva Shiksha Abhiyan (SSA), manual and directive that too from the Ministry of Human Resources Department, Government of India, it is mandatory to transfer salary into bank accounts of respective teachers, violation whereof shall be viewed very seriously. 10. Respondent No.4 Joint District Mission Coordinator in his affidavit in para-9 has made it clear that due to oversight while typing the name of the petitioner in the enclosure annexed with the sanction order, name has been differently recorded. Furthermore, has also made it clear that payment has to be released by crediting the amount to the accounts of respective teachers. 11. When same has not happened, appellant/petitioner filed WP (C) No.233 of 2017 praying therein that the respondent No.5 (Headmaster) of the school may be directed to forthwith release the sum of Rs.48,361/- being arrear salary for the months of April to June 2016 and monthly salary for the month of March 2017 sanctioned and released by the Government. Furthermore, to direct the respondents to release he monthly salary by transferring the same into the account of the petitioner as and when salary is sanctioned by the Government. The position of the petitioner as claimed has not been denied by the respondents in their affidavits as filed by them. Furthermore, to direct the respondents to release he monthly salary by transferring the same into the account of the petitioner as and when salary is sanctioned by the Government. The position of the petitioner as claimed has not been denied by the respondents in their affidavits as filed by them. When it is so, respondents were to be directed to release the salary as well as arrears in favour of the petitioner by crediting the same into his account. Instead learned Single Judge has taken note of the letter No.Jt.DMC-D/SSA/UP/SALARY/2017/255 dated 21.07.2017 which provide that the Joint District Mission Coordinator has revoked Order No.SDSEOD/ SSA/UP/Salary/2017/2062 dated 18.07.2017 providing to release SMC pay fixation of the teachers salary of Shri Mojial Hoque Mondal sanction teacher of the said school w.e.f. 01.03.2017 including arrear pay etc. But this communication, in fact, would have no bearing on the admitted position regarding release of sanctioned salary and arrears for the period from April to June 2016. That apart, the said letter runs contrary to the stand taken by respondents No.1, 2 and also the stand taken by respondent No.4 in para-9 of his affidavit. 12. In terms of the order dated 14.06.2017 and list annexed thereto, payment of arrears and salary for the months of April to June 2016 (three months) and monthly salary for the month of March 2017 as per classification and salary for the month of April 2017 without classification to teachers of SSA LPS and UPS has been sanctioned and to be released by crediting the same into the accounts of respective teachers. Appellant figures in the said list at serial No.90(2). The said order has not been revoked therefore, in terms and conditions of the order dated 14.06.2017 and list annexed therewith, arrear and salary amounting to Rs.48,361/- shall be credited into the account of the appellant, if not already credited. Further, salary whatever sanctioned by the Government shall also be paid to the appellant. The appellant has been rendering services right from the year 2001 means for the last more than 18 years. A paltry amount of monthly salary payable to the appellant is also delayed by one pretext or the other. After having rendered 18 years of service, denial of salary shall be travesty of justice. 13. The appellant has been rendering services right from the year 2001 means for the last more than 18 years. A paltry amount of monthly salary payable to the appellant is also delayed by one pretext or the other. After having rendered 18 years of service, denial of salary shall be travesty of justice. 13. Learned Single Judge has not appreciated the whole factual position in its right perspective, therefore, the impugned order is unsustainable as such, is set aside. Writ petition shall stand disposed of in terms of the aforesaid directions. 14. Appeal succeeds is disposed of as above.