ANANDSHANKARPRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application the petitioner has prayed for issuance of a writ of mandamus directing the respondents io pay his salary with effect from 16.11.1990.

(2.) The petitioner is said to have been appointed by the Regional Deputy Director of Education on the recommendations of the Headmaster in Government Basic School, Bakhri in Matric Untrained scale by letter No. 5832 dated 15.11.1990, as an Assistant teacher. The petitioner allegedly joined the said post on 1611.1990. According to the petitioner, he has, thus, become entitled to the salary payable to an Assistant teacher in the Matric Untrained scale. The petitioner, thereafter completed his teachers training. The petitioner has contended that although he made representations before the District Education Officer for payment of his salary on several occasions, no relief has yet been granted to him.

(3.) In this case, a counter affidavit has been filed on behalf of respondents 1 to 4. In the said counter affidavit, it has been contended that the petitioner is not a genuine teacher and he was not appointed upon following the recruitment rules The purported offer of appointment is said to be a forged and fabricated document. It has been stated that the petitioner was never appointed by the officer concerned. According to the respondents even the headmaster of the School did not inform the concerned respondents about the appointment of the petitioner. It has been stated that neither advertisement had been issued nor any application for appointment had been received either from the petitioner or from any other candidate It has further been stated that the petitioner was neither appointed nor interviewed and as such, the question of payment of any salary does not arise. It has been stated that the headmaster has been taking work from the petitioner illegally for which a show-cause notice has been served upon him. It has been submitted that the purported letter vide memo No 5832 dated 15.11.1990 does not relate to the petitioner and the petitioner has manipulated the same as the said letter was addressed to the District Education Officer, Muzaffarpur being an order relating to adjustment of teachers A photostat copy of the said letter has been annexed with the counter affidavit and marked as Annexure A thereto.