VIRENDRA SINGH Vs. PRINCIPAL

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner "who is said to be working in Christ Church Boys Senior Secondary School, Jabalpur, as Library Attendant has approached this Court seeking relief to the effect that by issuance of a writ of certiorari the order dated 28-2-2009 (Annx.P/5) and the show cause notice dated 16-2-2009 be quashed and the respondents be directed to inquire into the forged documents said to be issued on 1-7-2002 (Annx.P/4) and grant compensation to the petitioner for mental harassment financial torture and physical harassment. It is contended by the petitioner that he was appointed by the respondents as Library Attendant vide his application dated 8-7-2001. He was being paid Rs. 3800/- as basic salary, but by verbal order dated 30-4-2004, he was reverted and is being treated as working on a post equal to Group-D, as a Peon or 'Safaiwala'. It is contended that earlier a Writ Petition (S) No. 3062/2004 was filed where a direction was issued to consider the claim and the allegation with respect to issuance of the forged documents of appointment. However, the petitioner was not granted proper opportunity in terms of the order issued by this Court a show cause notice was given to him of which reply was submitted, but the order has been passed by the respondent No. 1 on 28-2-2009 (Annx.P/6), by which it is said that the petitioner is being paid right salary and earlier there was a mistake committed in giving the pay scale to the petitioner which was subsequently corrected and salary to the petitioner is being paid in the proper pay scale. It is the allegation that the enquiry as was necessary, has not been conducted, therefore, the petitioner is entitled to the relief indicated hereinabove.

(2.) The respondents on service of notice have filed their return. They have categorically contended that the petitioner is being paid the salary according to the post on which he has been appointed. It is contended that the order dated 8-12-2004 passed in Writ Petition No. 3062/2004 was challenged in a writ appeal which was registered as W.A. No. 272/2007, but during the pendency of the appeal since the order was complied with, inasmuch as, show cause notice was given to the petitioner and order was passed after hearing him, the writ appeal rendered infructuous and, therefore, stating such facts, the writ appeal was disposed of on 6-2-2009. Therefore, it is contended mat the order passed by the respondents are just and proper and need no interference.

(3.) At the time of hearing of the petition, a legal question is also raised by the respondents with respect to the maintainability of the writ petition before this Court, inasmuch as, it is contended that the respondent-School is not an aided school, it being ran by a minority Society under Article 30 of the Constitution of India, is entitled to certain protection and that since no grant-in-aid is being received from the State or from the Central Government, the Society of the respondents which runs the school is not amenable to the writ jurisdiction of this Court as the same is not a State within the meaning of Article 12 of the Constitution of India. Thus, it is contended that the writ petition as filed, is liable to be dismissed on this count alone.