JAGDISH PRASAD Vs. KSHETRIYA UCHCHA SHIKSHA ADHIKARI

JUDGEMENT

(1.) THE petitioner who was working as a Class IV employee in the Digambar Jain College, Baraut, Baghpat (hereinafter referred to as the 'college') has filed this petition for a direction upon the respondents to pay salary and not to interfere with his working as a Class IV employee in the College. At the time of hearing of the petition, the petitioner has confined his relief for payment of salary from 1st January, 2001 to 2nd January, 2003.

(2.) THE College is a Post-Graduate College which is affiliated to the Chaudhary Charan Singh University (hereinafter referred to as the 'university' ). The case taken by the petitioner is that after his appointment he was getting his salary regularly but when a new Principal of the College joined the College, he started harassing the petitioner and became so annoyed that he directed that payment of salary to the petitioner be stopped from February, 2001.

(3.) A counter affidavit has been filed by the Principal of the College mentioning therein that he had joined as Principal of the College on 26th May, 1993 and after summer vacation on 12th July, 2000, he came to know that the petitioner was continuously absent but he was getting his salary. He, therefore, wrote letters to the various authorities. The District Inspector of Schools, Meerut conducted an inquiry and in his communication dated 13th January, 2001 sent to the Joint Director of Education in respect of the complaint lodged by the petitioner regarding non-payment of salary pointed out that the complaint filed by the petitioner was without any basis. The Regional Deputy Director of Higher Education, Meerut by his letter dated 19th January, 2001 also directed the Manager, Committee of Management not to pay salary to such employees who were absent from the College without grant of leave. Subsequently, the District Inspector of Schools by his letter dated 24th January, 2001 directed the Accounts Officer to ensure that salary bills of employees was not cleared without perusing the attendance register because it had came to his notice that salary was being paid to employees who were absent. It has also been stated that various notice/publication in the newspapers were made directing the petitioner to join the College but still he do not report for duty and so payment of salary was stopped since the petitioner continuously remained absent.