MAHAKANT JHA Vs. SPECIAL SECRETARY EDUCATION DEPTT PATNA

JUDGEMENT

(1.) The petitioner has moved this Court under Article 226 of the Constitution of India for a Writ of Mandamus to direct the respondents to pay the arrears of salary with effect from 21-5-1977, on account of the services rendered by him in the Balika Uchcha Vidyalaya, Bariarpur, Monghyr, and for a further direction to confirm and approve his appointment as an Assistant Teacher in the said School with effect from the date of his appointment by the Secretary of the Managing Committee of the School.

(2.) The petitioner applied, as stated in the writ application, in response to an advertisement dated 28-5-1976, published in the local newspapers for the post of a permanent History Teacher in the Balika Uchcha Vidya-laya, Bariarpur, Monghyr. A copy of his application for the said post advertised on 28-5-1976 is Annexure 1 to the writ application. According to him he graduated with History Hons. in the year 1968 from the Bhagalpur University and did his Teachers Training course from the said University in the year 1970. He was fully qualified for the post of a teacher in the School. Accordingly, he was called for interview and the Secretary of the Managing Committee of the School gave to him a letter of appointment against a sanctioned post of the Scfeool on the Kothari scale of pay. He joined the School on 21-6-1976. The Managing Committee of the School approved his appoint-ment at its meeting dated 30th May, 1976 --vide its resolution No. 3. Yet at another meeting dated 4-11-1977 the Managing Committee regularised the petitioner's appointment as the permanent teacher of the School. A recommendation was made to the Board of Secondary Education for payment of his salary as per rules admissible under the Kothari Commission which was being paid to other efficient teachers of different schools. The Director of the Board of the Secondary Education examined all the records of the petitioner and held in his favour. The Chair-man of the Board communicated his deci-sion to the District Inspectress of Schools (the respondent No. 5) and on 5-10-3977 an office order was issued by the respondent No. 5 to the effect that the provisional appointment of the petitioner in the school vide Resolution No. 3 dated 31-5-1976 of the Managing Committee of the School was approved and the petitioner would be entifled to the scale of pay of a teacher as recom-mended by the Kothari Commission. The said letter of approval is Annexure 3 to the writ application.

(3.) The petitioner has alleged that he was paid a sum of Rs. 3,340/- towards his salary in the month of Nov., 1977, against the claim for the period from 21-6-1976 to 20-5-1977 and for the rest of his claims he was asked to writ. The petitioner, however, con-tinued his teaching work in the school, as usual, although no emoluments were paid to him. He made several requests for the pay-ment of the arrears as ALso the current salary but to no effect.