Jammu & Kashmir High Court
Amarmeet Singh vs State Th.Education Deptt.And Ors. on 11 February, 2014
Author: Muzaffar Hussain Attar
Bench: Muzaffar Hussain Attar
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
SWP NO: 2339/2013
CMA No: 3435/2013
Amarmeet Singh versus State Th. Edu. Deptt. and ors
Coram:
Hon'ble Mr. Justice Muzaffar Hussain Attar, Judge
Whether to be reported: Yes.
Appearing counsel:
For the petitioner(s)/Appellant(s): Mr. S. S. Lehar, Sr. Adv. with
Mr. Aditya Sharma, Adv.
For the respondent(s): Mr. Ravinder Sharma, AAG
(Oral) Despite opportunity reply affidavit has not been filed. The petitioner on recommendation of the Service Selection Board has been appointed as Laboratory Assistant vide order dated 13th October, 2010 issued by Director School Education, Jammu. On his appointment as Laboratory Assistant, Chief Education officer, Poonch accorded sanction for his adjustment on regular basis and posted him in HSS, Chandak.
One of the conditions in the aforesaid order dated 1st November, 2010 issued by Chief Education officer, Poonch is that the DDO shall not draw the salary of the appointee till Character and the Antecedents are verified by the Addl. DG of police (CID), Jammu.
The petitioner has placed on record the certificate issued by the Principal Govt. Hr. Sec. School Chandak (O) Poonch. In this certificate which is enclosed as Annexure "B" of the writ petition, it is certified by Principal that the petitioner has joined in the Institution on 1st November, 2010 and is ever since working in the said Institution. The certificate has been issued on 20th September, 2013. It is stated in the certificate that the salary of the petitioner could not be drawn as verification of his antecedents has not been done till date by the concerned authority.
Mr. S. S. Lehar learned Sr. counsel for the petitioner submitted that a case FIR No. 90/2009 is registered in police station, Poonch under section 341/323/34 in which petitioner is also accused. It is further submitted that after completion of investigation Challan has been filed in the court of learned Chief Judicial Magistrate, Poonch. Learned Sr. counsel submitted that it appears for this reason, verification of Character and antecedents is not being done. Learned Sr. counsel submitted that the offences with which the petitioner is charged with is not of serious nature and should not come in the way of the authority to draw the salary in favour of the petitioner.
After the petitioner was selected on the basis of his merit for being appointed on the post of Laboratory Assistant by Service Selection Board, his appointment to the said post could defer until such time Character and Antecedents were verified by the concerned authority. It would again require to be seen as to whether in view of the pendency of the criminal case which is not of serious nature, the appointment of the petitioner on the post of Laboratory Assistant would defer. Every such case would be governed by its own facts.
The petitioner suffers for the in action on part of the respondents. On the recommendation of Service Selection Board, petitioner has been appointed on the post of Laboratory Assistant and in view of the certificate dated 20th September, 2013 placed on record, the petitioner after his appointment has joined in the Institution of the respondent no. 5 on 1st November, 2010 and is discharging duties.
A person after discharging his duties on the appointed post becomes legally eligible to receive the salary attached to the post in accordance with rules. Admittedly, petitioner has discharged his duties ever since his joining the Institution of respondent no. 5. The salary can be stopped only in terms of prescribed rules and not otherwise. The salary is the property of the petitioner and he has right to receive the same is his fundamental right in terms of Article 19 of the Constitution of India. The salary of an employee may be stopped, but for that it has to be shown that same is authorized by the rules and the rules have to be followed.
In the facts of this case only reason given for non- payment of the salary is non-furnishing of the verification report in respect of the petitioner. As already stated, petitioner has discharged his duties, not paying of salary in the facts of this case would tentamount to taking Begar from the petitioner which is forbidden under Article 23 of the Constitution of India. Even the allegation leveled in police case against the petitioner are of a trifle nature and such type of allegations cannot come in the way of the petitioner for receiving his salary.
In the facts and circumstances of this case, the condition in the adjustment/posting order that the "DDO shall not draw the salary of the appointee till character certificate and the antecedents are verified by the Addl. DG of Police (CID), Jammu" is held to be un-just for the reason that it affects the right of the petitioner to receive the salary.
For the above stated reasons, this writ petition alongwith connected CMA(s) is disposed of and respondents more particularly respondents 2 and 5 are directed to forthwith release the salary of the petitioner in respect of the post of Laboratory Assistant from 1st November, 2010 till date and in future also in accordance with rules. Salary be released within four weeks from the date copy of this order is served.
Registry to provide copy of this order to Mr. Ravinder Sharma, learned AAG within two days time.
Disposed of alongwith connected CMA(s).
(Muzaffar Hussain Attar)
Jammu Judge
11th Feb. 2014
Imtiyaz.