Patna High Court - Orders
Raj Kumar vs The State Of Bihar on 28 October, 2024
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15833 of 2024
======================================================
Raj Kumar son of Anant Sharma, resident of Village-Bagmali, P.O.-Hajipur,
P.S.-Hajipur Town, District-Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director, Higher Education, Bihar, Patna.
2. The District Magistrate, Vaishali at Hajipur.
3. The District Education Officer, Vaishali at Hajipur.
4. The District Programme Officer (Establishment), Vaishali at Hajipur.
5. The Chairman, Nagar Panchayat (now Nagar Parishad), Mahnar, District
Vaishali.
6. The Executive Officer, Nagar Parishad, Mahnar, District Vaishali.
7. The Principal, Government Girls High School, Mahnar, District Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur
For the Respondent/s : Mr. AC to AAG- 12
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-10-2024Heard the learned counsel for the petitioner and the learned AC to AAG-12.
2. The learned counsel for the petitioner submits that the present writ application has been filed for quashing the order contained in Memo No.1438 dated 02.04.2024 passed by the District Programme Officer (Est.), Vaishali at Hajipur, whereby the claim of the petitioner for payment of salary for the period 26.07.2015 to 26.02.2018 has been rejected on the ground of no wok no pay without considering the facts of the case in its correct perspective. Further, to direct the authorities to re- Patna High Court CWJC No.15833 of 2024(2) dt.28-10-2024 2/8 examine the case of the petitioner for payment of salary.
3. The learned counsel submits that the date of birth of the petitioner is 10.02.1988 and after completing his matriculation and M.Sc, the petitioner in the year 2011 has also passed the Teacher Eligibility Test in the subject of Zoology, as would manifest from Annexure-2 to the writ application. It is next submitted that petitioner had applied for the post of secondary teacher under Nagar Panchayat, Mahnar in pursuance of an advertisement and after due verification of the credentials of the petitioner, the petitioner was given appointment vide letter dated 06.02.2014 (Annexure-3) to the writ application, accordingly, the petitioner submitted his joining to the Principal, Girls High School, Mahnar on 11.02.2014, which was duly accepted and the petitioner started performing his duty and was paid salary till February, 2015. It is submitted that in view of the order passed in C.W.J.C. No.15459/2014, the scrutiny of the documents of the teachers appointed under different appointment units including Zila Parishad, Nagar Parishad, Nagar Panchayat etc. was carried out and it transpired that certain irregularities was committed as same candidates were appointed at two different places.
4. The learned counsel submits that petitioner had Patna High Court CWJC No.15833 of 2024(2) dt.28-10-2024 3/8 applied for appointment as teacher, in pursuance of an advertisement issued by Zila Parishad, Rohtas and also Nagar Panchayat, Mahnar on the post of Science Teacher. It is submitted that since the petitioner was appointed as teacher in the school run by Nagar Panchayat, Mahnar, as such, he lost interest for getting appointed in school run by Zila Parishad, Rohtas. It is submitted that all of a sudden petitioner came to know that Sasaram P.S. Case No.817/2015 under sections 467, 468, 471 and 420 of the Indian Penal Code came to be instituted implicating the petitioner as an accused, and thereafter, Mahnar P.S. Case No.153/2015 was also registered under sections 409, 420, 467, 468 and 120(B) of the Indian Penal Code, in which, also the petitioner was made an accused. It is submitted that petitioner thereafter made an inquiry that on what basis he has been implicated in the aforesaid two cases, when he came to know that during inquiry of the certificates of the candidates, it transpired that petitioner has been appointed at both the places i.e. Rohtas and Mahnar. It is submitted that as recorded hereinabove the petitioner no doubt had applied for appointment as teacher at Rohtas and Mahnar but then since he got appointed at Mahnar, as such, he did not pursue his candidature at Rohtas. It also came to the knowledge of the petitioner that when Patna High Court CWJC No.15833 of 2024(2) dt.28-10-2024 4/8 petitioner left his candidature at Rohtas, someone else impersonating the petitioner, got appointed, as such, the aforesaid two F.I.Rs came to be instituted. The learned counsel further submits that police, after due investigation, came to a considered conclusion that petitioner is innocent and thus submitted final form but since the F.I.R. was instituted, as such, the petitioner had apprehension of arrest, hence out of fear, he fell ill and thus sought medical leave by filing an application dated 01.08.2015 (Annexure-7) to the writ application, which was duly received by the Principal of the Government Girls High School, Mahnar. It is submitted that after the petitioner regained his health, he filed an application dated 10.10.2015 (Annexure-8) before the principal of the Girls school, requesting for accepting his joining but the representation was not acted upon, as such, the petitioner on 16.10.2015 (Annexure-9) filed an application before the District Programme Officer (Est.) praying therein to accept his joining but then no action was taken rather the principal of the Govt. Girls High School, Mahnar issued letter dated 20.10.2015 (Annexure-10) asking the petitioner to submit duly signed medical application for the needful. Accordingly, the petitioner on 31.10.2015 (Annexure-
11) submitted the aforesaid documents, as asked for by letter Patna High Court CWJC No.15833 of 2024(2) dt.28-10-2024 5/8 dated 20.10.2015.
5. It is submitted that when no action was taken on the representation of the petitioner, the petitioner was constrained to move before this Court by filing C.W.J.C. No.18179/2015 with a prayer for a direction upon the authority to accept his joining but the said writ application was permitted to be withdrawn by an order dated 06.12.2018, as petitioner was informed under RTI Act that his service stands terminated vide letter no. 162 dated 21.03.2016 issued by the Executive Officer, Nagar Panchayat, Mahnar. The learned counsel submits that the petitioner first came to be implicated in a criminal case, based on suspicion but the police after threadbare investigation exonerated the petitioner of the allegations but during pendency of the F.I.R., the petitioner for two months i.e. from 01.08.2015 till 10.10.2015 sought medical leave and thereafter submitted his joining but the same was not acted upon, necessitating the petitioner to file C.W.J.C. No.18179/2015, when he came to be intimated about his termination, as such, the writ application was withdrawn. The learned counsel further submits that the order terminating the service of the petitioner without holding a departmental proceeding, when petitioner was exonerated by the police in the criminal case cannot be countenanced, as such, the Patna High Court CWJC No.15833 of 2024(2) dt.28-10-2024 6/8 petitioner again filed C.W.J.C. No.17686/2017 seeking quashing of the order of termination. The learned counsel submits that C.W.J.C. No.17686/2017 was filed during pendency of C.W.J.C. No.18179/2015, as it was during pendency of C.W.J.C. No.18179/2015, the petitioner was intimated that his service stands terminated leading to filing of C.W.J.C. No.17686/2017.
6. It is submitted that the authorities realizing that they do not have a case before the High Court, as such, they reinstated the petitioner back in service, hence, when C.W.J.C. No.17686/2017 was taken up on 27.02.2020, it was submitted on behalf of the petitioner that in view of the subsequent development, prayer as to reinstatement has become infructuous as the petitioner has been reinstated and he has joined the school, thus, petitioner confined his prayer for a direction upon the respondents to pay salary from March, 2015 to 05.03.2018. The learned counsel submits that while disposing of C.W.J.C. No.17686/2017 by order dated 27.02.2020, the learned Single Judge directed the authority to take a decision within 60 days from the date of receipt/production of a copy of this order with regard to the claim of the petitioner for payment of salary for the aforesaid period.
7. It is submitted that petitioner filed an application Patna High Court CWJC No.15833 of 2024(2) dt.28-10-2024 7/8 seeking redressal of his grievance, when the order impugned contained in Memo No.1438 dated 02.04.2024 (Annexure-1) came to be issued rejecting the claim of the petitioner.
8. The learned counsel submits that from the facts, as pleaded and recorded hereinabove, it would manifest that though the petitioner was willing to work but he was not allowed to work by the authorities for reasons best known. It is also submitted that police after threadbare investigation exonerated the petitioner of the allegations, alleged in the F.I.R., i.e. petitioner got a clean chit but still he was not permitted to join the school after his medical leave was over on 10.10.2015. Further, the authority without holding any departmental proceeding, terminated the service of the petitioner, behind his back, which necessitated the petitioner to file C.W.J.C. No.17686/2017 but the authorities realizing their mistake, reinstated the petitioner back into service, as such, the order of termination could not be adjudicated by this court but then the salary for the period March, 2015 to 05.03.2018 was not given to the petitioner.
9. It is submitted that the principle of no work no pay would apply only when it could have been shown by the authority that petitioner was not willing to render service but in Patna High Court CWJC No.15833 of 2024(2) dt.28-10-2024 8/8 the instant case, the petitioner was always willing to render service, for which, he had filed application and had also moved this court seeking relief, as recorded hereinabove and during pendency of C.W.J.C. No.17686/2017, the petitioner came to be reinstated. It is thus submitted that the order impugned dated 02.04.2024 passed by the District Programme Officer, Vaishali at Hajipur without considering the aforesaid facts has rejected the claim of the petitioner on the ground of no work no pay, in a mechanical manner.
10. The learned counsel appearing on behalf of the State seeks four weeks time for filing a counter affidavit.
11. Put up this case on 28.11.2024 within top five cases.
12. At this stage, the learned counsel appearing on behalf of the petitioner submits that the petitioner will personally serve a copy on the Executive Officer, Nagar Parishad, Mahnar along with this order.
(Satyavrat Verma, J) amit/-
U T