LAWS(MEGH)-2019-11-33

SAMIUL ISLAM Vs. STATE OF MEGHALAYA

Decided On November 26, 2019
Samiul Islam Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) This appeal seeks to challenge the judgment dated 11.04.2018 passed by the learned Single Judge in WP(C) No. 201 of 2017, by which the writ petition filed by the respondent No. 8 Smti. Moushomiara Begum, has been allowed. Also under challenge is the order dated 23.09.2019 by which the petition filed by the appellant, seeking review of the aforesaid order has been dismissed.

(2.) Mr. A.S. Siddiqui, learned counsel for the appellant has submitted that the Konarchar Girls U.P. School at Dadenggri, West Garo Hills District, Meghalaya is an aided school, whereby the erstwhile Secretary of Managing Committee of the said school illegally appointed the respondent-writ petitioner as an Assistant teacher. The learned Single Judge has erred in law in directing the appellant-Managing Committee also to pay and to release the pending salary of the writ petitioner w.e.f. 01.01.2015.

(3.) It is contended that the respondent No. 8-writ petitioner, was illegally appointed on the basis of fake document, which was prepared by her father, who was the then Secretary of the Managing Committee of the Konarchar Girls U.P. School. Approval of her appointment was obtained from the Government vide order dated 17.01.2017 without the knowledge of the higher authorities. Grant-in-aid is being received from the Government only against three posts under the scheme of Central Government, Sarva Shiksha Abhiyan. Government has so far not paid any grant-in-aid to the appellant against the post on which she is working. The management is therefore being illegally compelled to pay full salary.