Jharkhand High Court
Manoj Kumar Verma vs The State Of Jharkhand Through The ... on 1 August, 2018
Equivalent citations: AIRONLINE 2018 JHA 268
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2709 of 2017
Manoj Kumar Verma, son of Sri Babulal Mahto, resident of
village-Guro, PS-Senadoni, PS-Giridih (M), District-Giridih
... ... Petitioner
Versus
1. The State of Jharkhand through the Secretary/Principal Secretary,
School Education & Literacy Department, having office at MDI
Building, PO&PS-Dhurwa, Town and District-Ranchi
2. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Deoghar, having office at
PO&PS-Deoghar, District-Deoghar
3. The District Superintendent of Education, Deoghar, having office
at PO,PS&District-Deoghar ... ... Respondents
with
W.P.(S) No. 6782 of 2017
Ashraf Ansari, S/o- Ishak Ansari, resident of village-Loysukwar,
PO-Chattipeto, PS-Keredari, District-Hazaribagh, State-Jharkhand
... ... Petitioner
Versus
1. The State of Jharkhand
2. The Secretary, School Education and Literacy Department, Govt.
of Jharkhand, Project Building, PO and PS-Dhurwa, District Ranchi
3. The Deputy Commissioner, Deogher, PO,PS and District
Deoghar, Jharkhand
4. The District Superintendent of Education, Deoghar, PO,PS and
District-Deoghar, State-Jharkhand
5. The Block Education Extension Officer, Deoghar, PO,PS and
District-Deoghar, State-Jharkhand ... ... Respondents
with
W.P.(S) No. 266 of 2017
1. Ranjit Prasad Yadav, son of Banarsi Yadav, resident of village
Rajpur, PO-Loshghani, PS-Piribazar, District-Lakhisarai (Bihar)
2. Subodh Kumar, son of Shivcharan Ram, resident of Ghoghi,
PO&PS-Piribazar, Dist-Lakhisarai, Bihar
3. Chandra Shekhar Das, son of Narayan Das, resident of village
Kushiyari, PO-Goukula, PS-Bounsi, District-Banka, Bihar
4. Babita Kumari, daughter of Nand Kishore Singh, resident of
village-Mahtodih, PO-Sarwan, PS-Sarwan, District-Deoghar
5. Md. Sadique, son of Mabood Hussain, resident of village Rajganj,
PO&PS Laxmipur, District Bhagalpur, Bihar
6. Navnit Kumar, son of Gita Prasad Yadav, resident of village
Belabagan, PO&PS-Deoghar, District-Deoghar
7. Sintu Karmela, son of Mhanand baski, resident of village
Maheshpur, PO-Patgora, PS-Hansdiha, District-Dumka
2
8. Kumari Nisha Sinha, daughter of Fulkumar Mandal, resident of
Runjee, PO-Baniyadih, PS-Thakurgangti, District-Godda
9. Amit Kumar, son of Ramdeo Prasad Yadav, resident of Rupni,
PO-Rupni, PS-Basantrai, District-Godda
... ... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, Human Resource Development
Department, Govt. of Jharkhand having its office at Project Bhawan,
PO&PS-Dhurwa, District-Ranchi
3. The Secretary, Human Resource Development Department, Govt.
of Jharkhand having its office at Project Bhawan, PO&Ps-Dhurwa,
District-Ranchi
4. The Secretary, School Education and literacy Department, Govt.
of Jharkhand having its office at Project Bhawan, PO&PS-Dhurwa,
District-Ranchi
5. The Deputy Commissioner, Godda having its office at PO,PS&
District-Godda
6. The District Superintendent of Education, Godda having its office
at PO,PS&District-Godda ... ... Respondents
with
W.P.(S) No. 1739 of 2017
1. Naresh Mahto, son of Dukhan Mahto, at present working as
Teacher in (UMS) Bara Dhanabindi, Boarijor Godda,
PO-Kusumghati, PS-Lal Matia, District-Godda
2. Sukhdeo Kumar Ravidas, S/o- Hiraman Ravidas, at present
working at Primary School Kushmaha, PO-Damaru Hat
PS-Sundarpahari, District-Godda
3. Jagdeep Kumar Paswan, S/o- Kanhay Paswan at present working
at Primary School Harisal School, PO-Damaruhat, PS-Sundarpahari,
District-Godda
4. Trebeni Rajak, S/o- Late Ram Kishun Rajak, at present working
at Primary School, Dande I School, PO&PS-Sunderpahari, District
Godda
5. Umesh Das, S/o- Sanichar Das at present working at Primary
School Tilaiypoddar School, PO&PS-Sunderpahari, District Godda
6. Manju Devi, W/o- Rajeshwar Mahto at present working at
Primary School, Hethbandha Boarijore, PO&PS-Boarijore, District
Godda
7. Mahendra Kumar Mahtha, S/o- Jamuna Prasad Mahatha at
present working at Primary School, Telpara, PO-Damruhat,
PS-Sunderpahari, District-Godda
8. Gangadhar Rajak, S/o- Jageshwar Rajak, at present working at
Sunderpahari Boy's Middle School PO&PS Sunderpahari, District
Godda
9. Mahendra Kumar Chaudhari, S/o- Sukhan Chaudhari at present
working at UMS Mohala School, PO&PS-Boarijore, District Godda
3
10. Kamdeo Mahto, S/o- Yudhishthir Mahto at present working at
UMS Sundermore School, PO&PS-Sundarpahari, District Godda
11. Sunil Kumar Mirdha, S/o- Matru Mirdha at present working at
Primary School Teoliya, PO&PS-Pathargama, District Godda
12. Rajendra Marandi, S/o- Rushilal Marandi at present working at
UMS Giridih, PO-Damaruhat, PS-Sundarpahari, District-Godda
13. Pradeep Kumar Pandit, S/o- Budhinath Pandit at present
working at UMS Paharpur 3 School, PO&PS-Sundarpahari, District
Godda
14. Sukhdeo Rajak, S/o- Late Sona Baitha at present working at
Kanya Madhya Vidayalaya Dumariya PO&PS-Thakurgamgti,
District-Godda
15. Aditya Dangi, S/o- Khirodhar Dangi at present working at UMS
Topana Tola School, PO&PS-Pathargama, District-Godda
16. Dilip Soren S/o- Parmeshwar Soren at present working at
Teacher in UMS Barapuro, PO-Dhamri, PS-Sundarpahari, District
Godda
... ... Petitioners
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Godda, PO and PS-Godda, District
Godda
3. The District Education Officer, Godda, PO,PS and District Godda
4. District Superintendent of Education, Godda, PO,PS and
District-Godda
5. The Director (Primary Education),Government of Jharkhand,
Nepal House, PO-Doranda, PS-Doranda, District-Ranchi
6. The Secretary (Primary Education) Govt. of Jharkhand, Nepal
House, PO-Doranda, PS-Doranda, District-Ranchi
... ... Respondents
with
W.P.(S) No. 2385 of 2017
1. Amar Kumar Vishwakarma, son of Sri Bablu Vishwakarma
permanent resident of village Bara Jamua, PO-Kalyanpur,
PS-Barwadda District Dhanbad at present working as Teacher State
Aided Primary School Rautdih, PO and PS-Sarwan
District-Deoghar, Jharkhand
2. Umesh Thakur, son of Kauleshwar Thakur permanent resident of
village, PO and PS-Lawalong, District-Chatra at present working as
Teacher UPGMS Rampur, PO and PS-Sarwan, District-Deoghar
3. Ajay Nishad, son of Late Badri Mallah permanent resident of
village Mallah Toli, PO and PS-Barhi, District-Hazaribagh at
present working as Teacher UMS Baniyadih Block, PO and
PS-Sarwan, District-Deoghar
4. Rajesh Kumar, son of Sri Basudev Prasad, permanent resident of
village Jharpo, PO-Jharpo, PS-Ichhak, District Hazaribag at present
working as Teacher, M.S. Babhandiha, PO and PS Sarath,
District-Deoghar
4
5. Ghanshyam Kumar, son of Khedan Saw permanent resident of
village Keredari, PO and PS-Keredari, District-Hazaribagh at
present working as Teacher in M.S. Binjha, PS-Sonaraithari, District
Deoghar
6. Bhairo Mandal, son of Late Diglal Mandal, permanent resident of
village Jonka, PO-Karma, PS-Tayhari, District-Dumka at present
working as Teacher in PS Dondiya Nawadih, PO and
PS-Sonaraidhari, District-Deoghar
7. Deven Chandra Mandal, son of Chandra Mohan Mandal
permanent resident of village Purnadih, PO-Keshka, PS-Tundi,
District-Dhanbad at present working as Teacher in Primary School
Dwarpahari, PO and PS-Margomunda, District-Deoghar
8. Mahender Pandit, son of Ramchandra Pandit permanent resident
of village Laxman Tunda, PO-Laxman Tunda, PS-Nimiya Ghat
District Giridih at present working as a Teacher in M.S. Pandania,
PO and PS-Margomunda, District-Deoghar
9. Ravindar Kumar Saw son of Lakhan Saw permanent resident of
village Beltu, PO-Kandaber, PS-Keredari, District-Hazaribagh at
present working as Teacher, PS-Jorasimar, PS-Margomunda,
District Deoghar
10.Shankar Kumar Mandal, son of Hiralal Mandal permanent
resident of village Bairia, PO-Bairia, PS-Deori, District-Giridih at
present working as a Teacher in Up-graded Middle School Ekdwara,
PS-Margomunda, District-Deoghar
11. Sanjay Prasad, son of Jugan Mahto permanent resident of village
Ashok Nagar, PO and PS-Barkagaon, District-Hazaribagh at present
working as Teacher in Urdu Primary School Bhoratand,
PS-Madhupur, District-Deoghar
12. Anil Kumar Sahu, son of Paryag Sahu permanent r/o- village
Chilgo, PO-Sonardih, PS-Jamua District Giridih at present working
as a Teacher in PS-Urdu School, Bhairwa, PS-Madhupur, District
Deoghar ... ... Petitioners
Versus
1. The State of Jharkhand
2. Chairman, District Establishment Committee, Deoghar through
the Deputy Commissioner, Deoghar, PO and PS-Deoghar, District
Deoghar
3. District Superintendent of Education, Deoghar, PO,PS and
district-Deoghar
4. The District Education Officer, Deoghar, PO,PS and District-
Deoghar
5. The Director (Primary Education) Government of Jharkhand,
Nepal House, PO-Doranda, PS-Doranda, District-Ranchi
6. The Secretary (Primary Education) Govt. of Jharkhand, Nepal
House, PO-Doranda, PS-Doranda, District-Ranchi
... ... Respondents
with
5
W.P.(S) No. 362 of 2017
Sanjay Kumar Paswan, son of Shri Kail Pasawan, resident of village
Jarhi, Post Jarhi, Police Station Dandai, District-Garhwa
... ... Petitioner
Versus
1. The State of Jharkhand
2. The Principal Secretary, Human Resources Development
Department, Government of Jharkhand having its office at Project
Bhawan, Post-Dhurwa, Police Station Jagarnathpur, District Ranchi
3. The Director, Primary Education, Human Resources Development
Department, Government of Jharkhand, Ranchi, officiating from
Project Bhawan, Post Dhurwa, Police Station Jagarnathpur, District
Ranchi
4. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Palamau officiating from Palamau, Post
Palamau, Police Station Palamau, District Palamau
5. The District Superintendent of Education, Palamau officiating
from Court Campus, Medni Nagar, Post Medni Nagar, Police station
Medni Nagar, District-Palamau ... ... Respondents
with
W.P.(S) No. 537 of 2017
Pradip Ram, son of Late Bhulan Ram, resident of village Pathak
Pagar, Post Pathak Pagar, Police Station Tarhasi, District Palamu
... ... Petitioner
Versus
1. The State of Jharkhand
2. The Principal Secretary, Human Resources Development
Department, Government of Jharkhand having its office at Project
Bhawan, Post Dhurwa, Police Station Jagarnathpur, District Ranchi
3. The Director, Primary Education, Human Resources Development
Department, Government of Jharkhand, Ranchi officiating from
Project Bhawan, Post Dhurwa, Police Station, Jagarnathpur,
District-Ranchi
4. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Palamau officiating from Palamau, Post
Palamau, Police Station Palamau, District Palamau
5. The District Superintendent of Education, Palamau, officiating
from Court Campus, Medni Nagar, Post Medni Nagar, Police
Station Medni Nagar, District Palamau ... ... Respondents
with
W.P.(S) No. 622 of 2017
Satnarain Ram, son of Ram Briksh Ram, resident of village
Ratanpur, Post Champikala, Police Station Panki, District-Palamau
... ... Petitioner
Versus
1. The State of Jharkhand
6
2. The Principal Secretary, Human Resources Development
Department, Government of Jharkhand having its office at Project
Bhawan, Post-Dhurwa, Police Station, Jagarnathpur, District-Ranchi
3. The Director, Primary Education, Human Resources Development
Department, Government of Jharkhand, Ranchi officiating from
Project Bhawan, Post Dhurwa, Police Station Jagarnathpur, District
Ranchi
4. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Palamau officiating from Palamau, Post
Palamau, Police Station Palamau, District-Palamau
5. The District Superintendent of Education, Palamau officiating
from Court Campus, Medni Nagar, Post Medni Nagar, Police
Station Medni Nagar, District-Palamau ... ... Respondents
-----------------
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Petitioner(s) : Mr. Manoj Tandon, Advocate Mr. Shiv Shankar Kumar, Advocate Ms. Kumari Rashmi, Advocate [in W.P.(S) No. 2709 of 2017] Md. Razaullah Ansari, Advocate Mr. Purnendu Sharan, Advocate [in W.P.(S) No. 6782 of 2017] Mr. Shray Mishra, Advocate [in W.P.(S) No. 266 of 2017] For the Respondents : Mr. Shadab Bin Haque, A.C. to G.P. I Mr. Rahul Kamlesh, Advocate [in W.P.(S) Nos. 2709 of 2017 & 6782 of 2017] Mr. Jai Prakash, AAG Mr. Yogesh Modi, A.C. to AAG [in W.P.(S) No. 266 of 2017] Mr. L.C.N. Shahdeo, G.P. IV Mr. Sandeep Verma, Advocate [in W.P.(S) No. 1739 of 2017] Ms. Bharti Singh, A.C. to Sr. S.C. III [in W.P.(S) No. 362 of 2017] Mr. Shahid Khan, S.C. (Mines) Md. Razaullah Ansari, A.C. to S.C. (Mines) [in W.P.(S) No. 537 of 2017]
------------------
04/01.08.2018 Orders of termination from service, on the ground that they continued to work as Para-Teacher even after the cut-off date for submitting their resignation from the post of Para-Teacher or on the ground that they have suppressed material informations in their applications, have been challenged in this batch of writ petitions.
72. In essence, the main question involved in this batch of writ petitions is whether a Para-Teacher is entitled for appointment against the vacancies earmarked for non Para-Teacher category.
3. In W.P.(S) No. 2709 of 2017 termination order dated 01.04.2017 is under challenge. Allegation against the petitioner is that though he continued to work as Para-Teacher even after the cut-off date, he did not furnish this information in his application and, thus, has secured appointment fraudulently. In W.P.(S) No. 6782 of 2017 the petitioner who was appointed as Assistant Teacher has been terminated from service on the ground that he has not tendered his resignation from the post of Para-Teacher before the cut-off date and, thus, has secured appointment by suppressing material facts in his application. In W.P.(S) No. 266 of 2017 there are 9 petitioners who have been terminated from service by an order dated 20.03.2017 on the ground that they have tendered their resignation after the cut-off date for submitting applications for appointment on the post of Assistant Teacher. In W.P.(S) No. 1739 of 2017 there are 16 petitioners who have been terminated from service by an order dated 20.03.2017 on a similar ground. In W.P.(S) No. 2385 of 2017 there are 12 petitioners who were appointed as Assistant Teachers pursuant to Advertisement No. 4 of 2015 dated 09.07.2015 published in daily newspapers inviting applications for the district of Deoghar. These petitioners have been terminated from service on the ground that they were not eligible for appointment against the vacancies reserved for non Para-Teacher candidates. Petitioners in W.P.(S) No. 362 of 2017, W.P.(S) No. 537 of 2017 and W.P.(S) No. 622 of 2017 are identically situated to the petitioners in W.P.(S) No. 554 of 2017 and W.P.(S) No. 555 of 2017; these writ petitions were allowed by order dated 25.07.2018 with a direction to the respondent-District Superintendent of Education to reinstate them in service.
4. With consent of the learned counsels appearing for the parties all these writ petitions have been taken up for final disposal 8 at this stage itself. In some of the writ petitions counter-affidavits have been filed, stand taken in which has been reiterated by the learned State counsels while opposing the challenge thrown by the petitioners in this batch of writ petitions to the order of their termination from service.
5. In some of the writ petitions a prayer has been made for payment of salary for the period the petitioners have worked after their appointment as Assistant Teacher. The petitioners in this batch of writ petitions have also claimed consequential benefits such as continuity in service and back-wages for the period they have remained terminated from service.
6. All these petitioners have been appointed pursuant to advertisements issued in different districts in the Jharkhand inviting applications for appointment on the post of Inter-Trained Teachers and Inter-Trained Urdu Teachers. Under the advertisement candidates are required to possess qualifications as prescribed under Rule 4([k)(i) of Primary School Teachers Appointment Rules, 2012; they should have 50% marks in higher secondary or its equivalent and two years diploma in Primary Education, or minimum 45% marks in higher secondary or its equivalent with two years diploma in Education Training, or in the alternative other qualifications as prescribed under Clause-3 of the advertisement. There was no restriction in submitting applications in more than one district. Clause-12 of the advertisement provides that 50% of the advertised posts shall be reserved for direct appointment of such Para-Teachers who as on 1st August of the year in which the advertisement has been issued has completed two years of continuous service as Para-Teacher under Sarv Siksha Abhiyan. Other 50% posts were open for appointment under non Para-Teacher category. In Clause 20 of the performa-application the applicants were required to fill-up details of their appointment as Para-Teacher, if applicable.
97. The aforesaid Clause-12 of the advertisement and Clause-20 of the application form have been taken as ground for terminating these petitioners from service.
Clause-12 of the Advertisement No. 04/2015 :
">kj[k.M izkjafHkd fo|ky; f'k{kd fu;qfDr (izFke la'kks/ku) fu;ekoyh] 2014 ds vuqlkj f'k{kd ds in ij lh/kh fu;qfDr gsrq fpfUgr~ fjfDr;ksa esa ls 50 izfrf'kr in >kj[k.M f'k{kk ifj;kstuk ifj"kn~ }kjk lapkfyr loZ f'k{kk vfHk;ku vUrxZr dk;Zjr ,sls vgrkZ/kkjh ikjk f'k{kd] ftudh lsok ml iapkx o"kZ] ftlesa fu;qfDr gsrq foKfIr izdkf'kr dh tk;sxh] dh igyh vxLr dks U;wure nks o"kZ ;k mlls vf/kd dh gks] esa ls rFkk 'ks"k 50 izfr'kr in xSj&ikjk f'k{kd vgrkZ/kkjh vkosndksa esa ls Hkjk tk;sxk ds vuq:i fjfDr dk dksfVokj fooj.k fuEuor~ gSA"
Clause-20 of the Application:
";fn ikjk f'k{kd ds :i esa dk;Zjr gks rks :& i. fo|ky; dk uke ,oa irk tgka dk;Zjr gks:& ii. xzke f'k{kk lfefr }kjk p;u dh frfFk:& iii. fo|ky; esa dk;Z izkjaHk djus dh frfFk:&"
8. Stand taken by the respondent-State is that a Para-Teacher who has failed to submit his resignation before the cut-off date for submitting application for appointment as Assistant Teacher is not eligible for appointment under non Para-Teacher category. Another ground raised by the respondents is that if a candidate has failed to furnish details of his appointment as Para-Teacher in the application form it would amount to suppression of material facts and, therefore, their appointment can be terminated on this ground alone.
9. Legality of the impugned orders which have been challenged in this batch of writ petitions, however, has to be examined in the context of the constitutional mandate under Article 14 and 16 of the Constitution of India. On admitted facts, there was no restriction for a Para-Teacher submitting his 10 application for appointment as an Assistant Teacher under non Para-Teacher category. Moreover, had such a restriction been there it would have been in the teeth of Article 14 and 16 of the Constitution of India. The issue whether a Para-Teacher can seek appointment against 50% posts earmarked for non Para-Teacher candidates was initially decided against the applicants in W.P.(S) Nos. 6031 of 2015 and 173 of 2016, wherein it was held that a Para-Teacher who has continued to work as Para-Teacher even on the last date for submission of application cannot seek appointment under non Para-Teacher category. However, now this issue has been settled by a decision of the Hon'ble Division Bench in L.P.A. No. 186 of 2017 and L.P.A. No. 199 of 2017. The Hon'ble Division Bench has held that under the Rules or in the advertisement there is no stipulation under which an applicant working as Para-Teacher is not eligible to seek appointment under the open category, that is, under non Para-Teacher category.
10. On the plea that a candidate has failed to furnish details of his appointment as Para-Teacher under Clause-20 of the application form, it needs to be indicated that such incomplete applications were liable to be rejected, however, the respondents entertained such applications and offered appointment to the candidates. Now, when it has been held that a Para-Teacher can seek appointment under open category, on the ground that one has failed to furnish informations under Clause-20 of the application form, in my opinion, an applicant cannot be terminated from service. All these candidates fulfill the essential educational as well as training qualifications. Their eligibility has been assessed by the respondents and finding them eligible for appointment they were appointed as Assistant Teacher. No benefit of their continuance in service as Para-Teacher has been availed by them. Allegation of suppression of material facts must demonstrate suppression of such fact which, if not disclosed, would materially affect the decision of the authority [refer : "Arunima Baruah vs. Union of India and Others" reported 11 in (2007) 6 SCC 120]. Had the petitioners furnished informations regarding their appointment/continuance as Para-Teacher, in view of decision by the Hon'ble Division Bench in L.P.A. No. 186 of 2017 and L.P.A. No. 199 of 2017, such information would not have materially affected candidature of these petitioners and while so, I am inclined to hold that not furnishing details in Clause-20 of the application form would not amount to suppression of material facts.
11. Accordingly, it is held that the order of termination of selected eligible petitioners from service on the ground that they did not furnish informations in Clause 20 of the application-form is illegal.
12. These petitioners on account of illegal order of termination from service have been prevented from discharging their duty as Assistant Teacher and therefore on their reinstatement in service they are entitled to claim continuity in service. On the claim for payment of back-wages to these petitioners, I think, it would serve the interest of justice if a similar benefit which has been granted to the writ petitioners in W.P.(S) No. 5158 of 2017 and batch cases is granted to them. In W.P.(S) No. 5158 of 2017 and batch cases this Court has observed as under :
9. On account of illegal termination of the petitioners from service, in my opinion, they cannot be denied benefits of continuity in service. On their reinstatement in service they shall be deemed to be continuing in service with effect from their initial date of appointment and whole of this period shall be included in their service. On payment of salary to the petitioners for the period during which they have been kept out of service, contention raised is that atleast 25% back-wages may be granted to the petitioners. On admitted facts, an inference that the petitioners have been prevented from discharging their duty can be justifiably drawn from the date of 12 decision in the aforesaid Letters Patent Appeals.
After 11.05.2018 when the order passed in W.P.(S) No.6031 of 2015 and W.P.(S) No.173 of 2016 was set-aside by the Hon'ble Division Bench, the petitioners were entitled for reinstatement in service and accordingly, it is ordered that they are entitled for salary between 12.05.2018 till they are actually reinstated in service.
13. In view of the aforesaid facts and for the reasons indicated hereinabove, impugned orders dated 01.04.2017 in W.P.(S) Nos. 2709 of 2017, 2385 of 2017, 19.08.2017 in W.P.(S) No. 6782 of 2017, 20.03.2017 in W.P.(S) Nos. 266 of 2017, 1739 of 2017 and 02.01.2017 in W.P.(S) Nos. 362 of 2017, 537 of 2017, 622 of 2017 are quashed. The petitioners are entitled for their reinstatement in service forthwith. They shall appear before the respective District Superintendent of Education within two weeks and tender their joining. The petitioners are entitled for back-wages as indicated hereinabove. They are also held entitled for salary for the period during which they have actually worked as Assistant Teacher. The District Superintendent of Education shall pass an order on examination of the records including the attendance register on the aforesaid claim for payment of salary to the petitioners.
14. These writ petitions are allowed in the aforesaid terms.
(Shree Chandrashekhar, J.) Tanuj/-
AFR