SHEIKH SHAHED ABDULLAH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By this instant Misc. Case the petitioner has prayed for staying the letter dated 31.01.2019 issued by the respondent No. 4, whereby, he had been communicated that he has been released from service with effect from 31.01.2019, due to the fact that the respondent No. 4 had no capacity to provide monthly salary.

(2.) The case in brief is that, pursuant to an advertisement dated 12th of April, 2017, by the Respondent No.4, the Secretary of the Janapriya Deficit Secondary School, Bholarbhita, West Garo Hills, Meghalaya for the post of Assistant Teacher (Science), the petitioner had applied and on being successful in the selection was appointed. His appointment thereafter, was given approval by the Respondent No. 2 vide letter No. DSEL/SEC.NG/APT/2/2017/221 dated 18th May, 2017. The petitioner joined his service and started performing and discharging his duty as Assistant Teacher (Science) in the said school. The petitioner in the course of his service, was paid salary regularly, but suddenly in the month of February, 2019 his salary was stopped. Thereafter, he approached the respondent No. 4/Managing Committee of Janapriya Deficit Secondary School but there was no response. However, in the last part of March, 2019 the petitioner received a letter dated 31.01.2019 whereby, it was stated that he was released from service w.e.f. 31.01.2019. The petitioner being aggrieved thereby submitted a representation before the respondent No. 2/Director of School Education and Literacy, Meghalaya but did not receive any response. Being deprived of his salary and service the petitioner filed WP(C) 146 of 2019 and the instant Misc. case on 14th June 2019.

(3.) Mr. M.F. Qureshi, learned counsel for the petitioner submits that the petitioner was regularly appointed to the post of Assistant Teacher (Science) after due selection and approval from the competent authority. He further submits that the impugned letter dated 31.01.2019 was issued to him releasing him from service, ostensibly for the reason that one Motiar Islam had reverted back to his post of Assistant teacher and that the School could no longer pay the petitioners salary. He submits that the said Motiar Islam is an Arts Teacher and as such his reversion will have no effect on the service of the petitioner in the school and contends that by impugned letter the respondent No. 4 has ousted the petitioner from service in violation of law and his vested rights. As such, he prays that the impugned letter dated 31.01.2019 be stayed and that he be given his due salary from February 2019, and further to allow him to continue his duty in the school.