RAJESH BASFOR Vs. TURA TOWN HIGH SCHOOL

JUDGEMENT

(1.) In this writ petition, the petitioner Sri Rajesh Basfor questioned the validity and propriety of the impugned orders dated 19.6.1995 and 4.7.1995 as in Annexures C and D respectively to the writ petition issued by the Secretary, Tura Town High School, Tura informing the petitioner that unless the post of Cleaner/Sweeper of the School concerned is renewed by the Government under the regular scale of pay, the school cannot pay the petitioner more than Rs. 1,100/- only with effect from 1.3.1995 by contending inter alia, that the petitioner was initially appointed as a Cleaner/Sweeper in the Government aided Tura Town High School, Tura, West Garo Hills Meghalaya referred to as Tura High School on purely temporary basis in the scale of pay of Rs.300-5-330-6-390-7-425 per month plus other allowances as admissible under the rules of Aided Deficit High Schools with a probation period of one year which may be extended to one year more if necessary vide, related order dated 4.8.1988 as in Annexure-A to the writ petition and, accordingly, the petitioner joined the service as Cleaner/Sweeper of the said school and since then, he has been discharging his lawful duties round the clock to the satisfaction of the authority concerned and, by virtue of the Meghalaya Pay Revised Rules which came into force in the year 1989, his old scale of pay has been revised to Rs.820-10-870-EB-15-975-20-1175 P.M. and the petitioner also earned five increments at the relevant time and he enjoyed the total remuneration of Rs.2079.70 since the month of April, 1995 but, like a bolt from the blue, he was intimated on 1.6.1995 that his salary has been reduced and fixed at consolidated Rs. 1,100/- per month from the month of May, 1995 and he would not be paid salary which he was drawing till the month of April, 1995 and being dissatisfied with the action of the authority concerned under the impugned orders dated 19.6,1995 and 4.7.1995 as in Annexures C and D to the writ petition, the petitioner filed several representations to the authority concerned but, all were in vain and having no alternative, the petitioner filed this writ petition seeking relief from the end of this Court.

(2.) The case of the petitioner is resisted by the respondents Nos. 1,2 and 3 as well as State respondent Nos. 4 to 6 by filing counter affidavits separately. According to the school respondent Nos. 1,2 and 3, the petitioner was appointed as Cleaner/Sweeper on the strengh of the letter dated 8.8.1988 as in Annexure-A to the writ petition on the basis of the sanction accorded by the Inspector of Schools concerned as it was required to be obtained before such appointment and the post held by the petitioner was a temporary post and it is subject to the sanction of the post by the Inspector of Schools each year and it was sanctioned every year from 1988 to 23.2.1995 but, thereafter, the authority concerned had sanctioned only a consolidated pay of Rs. 1,100/- only with effect from 1.3.1995 vide Memo No. SWG/GR-1/95/5336-47, dated Tura, the 22nd May, 1995 of the Inspector of Schools, West Garo Hills, Tura and accordingly, a sum of Rs.1,100/- is to be afforded to the petitioner as consolidated pay even though, the petitioner was regularly paid full salary as per regular pay scale fixed by the Government of Meghalaya until the receipt of such letter dated 22.5.1995. It is also the case of the school respondents that the Tura High School had entertained additional staff like, the petitioner without any Government sanction and, as such, it is beyond the power of the school authority to afford regular time scale of pay of Cleaner/Sweeper to the writ petitioner after the competent authority had sanctioned only consolidated pay of Rs. 1,100/- for the post of Cleaner/Sweeper.

(3.) The State respondent Nos. 4, 5 and 6 took the plea that the post of Sweeper/Cleaner was never created and sanctioned by the Government for the said Town High School, Tura and no prior approval or sanction was obtained by the school before appointing the petitioner with the regular pay scale of Rs.300-425/- per month initially and subsequently, with the Revised Scale of Pay and through inadvertently and mistake, the then Inspecor of Schools, West Garo Hills, in a most irregular manner approved the entire resolution and proceeding dated 12.5.1989 of the school authority and no formal approval letter approving the appointment of the petitioner in the prescribed scale was ever issued by the Government and, subsequently, the Government directed these irregularities happening not only in the Town High School, Tura but also in other schools and, subsequently, the State respondents had found that as many as 19 schools including the Town High School, Tura had entertained additional staff without any Government sanction vide, office letter dated 29.8.1994 as in Annexure-E to the writ petition and the State-respondents took up the steps for verifying and confirming the correct position in the matter. It is also the case of the State respondents that since there was no prior approval of the Government for creation of a post of Cleaner/Sweeper in the High School, Tura and the approval accorded by the Inspector of Schools concerned on the body of the proceeding of the Managing Committee of the school was in a most irregular manner, the Government per month only to the writ petitioner with effect from 1.3.1995 onwards and, the related order dated 22.5.1995 as in Annexure-F to the writ petition was issued.