SHANKAR DATT JOSHI Vs. STATE OF UTTARANCHAL THROUGH SECRETARY,DEPARTMENT OF SOCIAL WELFARE,UTTARANCHAL GOVERNMENT,DEHRADUN & ORS.

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought mandamus commanding the respondents to make payment of salary for the period from March, 1993 to December 5, 1977 with interest to the petitioner.

(2.) BRIEF facts of the case, as narrated in the writ petition, are that Anushuchit Jati Primary Schools, Gweera and Chami in District Pithoragarh are recognized institutions run by the department of Social Welfare of the State Government. The petitioner was initially appointed as Assistant Teacher in Anushuchit Jati Primary School (for short hereinafter the Primary School) at Gweera by the respondents after he went through the selection process in the years 1985. The petitioner joined his duties on 1-1-1986 in pursuance to the appointment order dated 21-12-1985 (copy Annexure-1 to the writ petition). After about a year in December 1986, petitioner was transferred from Primary School, Gweera to another Anushuchit Jati Primary School at Chami. Subsequently, on 14-7-1987, the Chairman of Anushuchit Jati Avam Jan Jati Sansthan, Pithoragarh (respondent No. 7) attached the petitioner from Primary School, Chami to Raji Janjati Primary School, Kimkhola (District Pithoragarh). Copy of the said order is annexed as Annexure-2 to the writ petition. After discharging his duties for some months in Raji Janjati Primary School, Kimkhola petitioner made representation dated 5-5-1988 (copy Annexure-3 to the writ petition) to respondent No. 6 for relieving him back for Primary School at Chami/Gweera. Since the transfer to Primary School, Kimkhola was not in accordance with the law, the petitioner had to make representation against his transfer to Primary School, Kimkhola. When the petitioner was still working, in March, 1993 Government withdrew budgetary/ financial support to Raji Janjati Primary School, Kumkhola, District Pithoragarh and the petitioner was neither relieved from said school nor got his salary. On this petitioner contacted the higher authorities on which Assistant Director, Social Welfare Department (respondent No. 2) vide his letter dated 7-9-1994 (copy Annexure-4 to the writ petition) addressed to respondent No. 6 asked him to consider the case of the petitioner for his transfer. Again, the Additional Director, Social Welfare Department (respondent No. 3) vide his letter dated 17-7-1997 (copy Annexure-5 to the writ petition) directed respondent No. 6 to look into the case of the petitioner personally but to no avail. Due to the arbitrary and illegal act on the part of the respondent No. 7, the petitioner had to remain without salary till November, 1997 when ultimately he threatened to sit on fast unto death and was transferred back to the Primary School, Gweera vide order dated 6-12-1997 (copy Annexure-10 to the writ petition). However, petitioner was not paid salary from March, 1993 to December 5, 1997 even after making several requests to the respondents. Hence, the writ petitioner.

(3.) I heard learned Counsel for the parties and perused the affidavit, counter-affidavit and rejoinder-affidavit alongwith the annexures annexed thereto.