MOHD IQBAL AHMED Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioner has prayed for quashing the orders dated 31-12-1990, 31-12-1990 and 12-3-1991 (Annexures-4, 5 and 7 respectively) by which it has been communicated to the petitioner that even after his superannuation on 31-1-1990 he has drawn his salary as Headmaster of the Government Half Time Weaving School, Mogal Kuan, Sohasarai (Nalanda) purporting to act of his own on the said post illegally and mala fidely.

(2.) It is not in dispute the according to service conditions,the petitioner had superannuated on 31-1-1990 and subsequent to superannuation no order either extending his service or granting any re-employment to him was passed by the Government or any other competent authority. According to the learned counsel appearing for the petitioner the impugned order cannot be sustained in law because he had continued to work on the post in question on oral instructions of respondent No. 3, the General Manager, District Industries Centre. On the other hand, the learned Government Advocate, in support of the impugned orders, has drawn our attention to the Government directives contained in Memo No. 1600 dated 1-4-1991 of the Finance Department (Annexure 'B-3').

(3.) It appears that a tendency had been growing among the Government servants to continue to work unauthorisedly on the post held by them on the date of superannuation even after retirement intentionally and keep drawing salary without having any order of re-employment or extension of service in their favour. To undo such illegal acts, by referring to earlier instructions, it was again reiterated in Paragraph 3 the directives (Annexure 'B-3') to the following effect: