Allahabad High Court
Arjun Ram vs State Of U.P. And Others on 11 July, 2019
Author: Sunita Agarwal
Bench: Sunita Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 44696 of 2012 Petitioner :- Arjun Ram Respondent :- State Of U.P. And Others Counsel for Petitioner :- Subhash Singh Yadav,Anshuman Singh Counsel for Respondent :- C.S.C.,Deo Dayal Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner, Sri Deo Dayal learned Advocate has put in appearance on behalf of respondent nos. 3, 4 and 5, learned Standing Counsel appears for respondent nos. 1 and 2 and perused the record.
Prayer in the present writ petition is to quash the order dated 8.11.2011 passed by the respondent no. 2 namely the Chief Development Officer, Chandauli on the representation made by the petitioner for payment of salary from August, 2006 to March, 2009.
It appears that a Writ-A No. 45667 of 2011 (Arjun Ram vs. State of U.P. and others) was filed by the petitioner seeking for quashing of the report dated 9th July, 2009 submitted by the District Basic Education Officer, Chandauli to the Chief Development Officer, Chandauli regarding the working of the petitioner. The said report had taken note of the facts noted in the judgment and order dated 11.8.2011 passed by this Court to relegate the matter to approach the Chief Development Officer, Chandauli for decision in the matter.
Pursuant thereto, the order impugned had been passed. The facts as reflected from the order impugned are that the petitioner, who was working on the post of Head Master, Prathmik Vidhayalaya, Arangi, Block Barahani, was transferred/adjusted on 19.7.2006 to Prathmik Vidhayalaya Kakarit, Block Barahani, District Chandauli.
Aggrieved by the transfer order, the petitioner had filed a Writ Petition No. 42912 of 2006 (Arjun Ram vs. State of U.P. and others) which was dismissed on 22.8.2006. As the petitioner did not join the transferred place despite dismissal of the writ petition, he was suspended vide order dated 26.8.2006. On 11th October, 2007, the petitioner was provisionally reinstated on the post of Head Master, Prathmik Vidhyalaya, Arangi. As the post of Head Master, Prathmik Vidhyalaya, Arangi was not vacant at the relevant point of time, his posting was modified on 8.2.2008 and he was posted as Assistant Teacher in Purva Madhyamik Vidhyala, Arangi. On the request of the petitioner, he was again transferred from Purva Madhyamik Vidhyala Arangi to the post of Head Master, Prathmik Vidhyalaya, Kuwan, Barahani vide order dated 24.3.2008. The transfer order was challenged by the petitioner in a Writ Petition no. 18365 of 2008 (Arjun Ram vs. State of U.P. and others), wherein this Court had directed the Secretary, Basic Education Board, U.P., Allahabad, to take a decision in the matter of the petitioner.
Vide order dated 18.3.2009, the Secretary, Basic Education Board, U.P., Allahabad has decided the matter of transfer and posting of the petitioner after seeking comments from the District Basic Education Officer, Chandauli. The order dated 24.3.2008 passed by the District Basic Education Officer, Chandauli was set aside by the Secretary, Basic Education Board.
As a result of it, the order dated 8.2.2008 for posting of the petitioner as Assistant Teacher in Purva Madhyamik Vidhyala, Arangi had been revived.
The petitioner had joined the said post in the month of April, 2009 and had retired in the month of June, 2009 while working as such.
On the report submitted by the Assistant Basic Education Officer, Barahani for the period of working of the petitioner from August, 2006 to March, 2009, it is recorded in the order impugned that there was no record of service being rendered by the petitioner for the period, except from 30.11.2006 to 30.9.2007, when he had worked in Block Resource Centre, Barahani. As a result of it, the decision was taken to make payment of salary only for the period from 30.11.2006 to 30.9.2007.
For the rest of the period, as it could not be ascertained from the record that the petitioner had worked on the post of Head Master in Primary School or Assistant Teacher in Junior Basic School and as such on the principle of "no work no pay", the representation made by the petitioner for payment of salary has been withheld.
The Assistant District Basic Education Officer, Barahani was provided adverse entry in his service record for submitting a wrong report in favour of the petitioner.
All these findings recorded in the order impugned are sought to be challenged in the present writ petition by the learned counsel for the petitioner on the ground that the petitioner had worked during the period from August, 2006 to March, 2009. To assert the stand of period of working of the petitioner, the report submitted by the Assistant District Basic Education Officer, Barahani is sought to be relied by the learned counsel for the petitioner.
The said report has been found faulty in the order impugned. Moreover, there is no challenge to the order dated 18.3.2009 passed by the Secretary, Basic Education Board, U.P., Allahabad, whereby the decision had been taken with regard to working of the petitioner in the primary institutions in District Chandauli. The order passed by the Secretary, Basic Education Board categorically records that after reinstatement of the petitioner by the order dated 8.2.2008 on the post of Assistant Teacher in Purva Madhyamik Vidhyalaya (Junior High School) Arangi, he did not submit his joining. Again on the request made by the petitioner, when the order dated 24.3.2008 was passed asking the petitioner to join the post of Head Master in Primary School, Kuwan, Block Barahani, he did not submit his joining.
As far as the contention of the petitioner for working on the post of Head Master in Primary School, Arangi, it is recorded by the Secretary, Basic Education Board in the order impugned dated 18.3.2009 that the said adjustment was wrongly made by the District Basic Education Officer, inasmuch as, the post of Head Master in Primary School, Arangi was not vacant at the relevant point of time. One Sri Sarnath was working as Head Master in the Primary School, Arangi.
These findings of fact returned in the order dated 18.3.2009 passed by the Secretary, Basic Education Board while deciding the representation dated 24.4.2008 filed by the petitioner, had attained finality, inasmuch as, the said order has never been challenged.
In view of the admitted facts that the decision with regard to working of the petitioner in District Chandauli has been taken on 18.3.2009 by the Secretary, Basic Education Board, U.P. Allahabad on the representation filed by the petitioner and the said order has attained finality, no infirmity can be attached to the order impugned i.e. 8.11.2011 which is based on the findings returned by the Secretary, Basic Education Board.
For all the above noted reasons, no interference is required in the order impugned.
The writ petition is dismissed, accordingly.
Order Date :- 11.7.2019/Brijesh