BIRENDRA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) As per the case of these petitioners, four in number, pursuant to an advertisement published in Hindi daily, Aryavarta on 08.08.1988, they had applied for appointment as Assistant Teachers in Government Basic Schools. It is their specific plea that they were issued interview letters after following due procedure and thereafter they were appointed. The appointment letters have been brought on record as annexures-7, 8, 10 and 11 to the writ application. It is also their specific case that they submitted their joining in respective schools pursuant to the said appointment letters and were getting their salaries regularly. Service books were also opened. It is the petitioners' case that they had approached the authorities raising a grievance as regards non payment of their salaries. Thereafter, a first information report came to be instituted vide Mairwan PS case No. 126/1992 in which the petitioners were also made accused on the ground that they had obtained the appointment letters fraudulently.

(2.) Learned counsel appearing on behalf of the petitioners has drawn my attention to a judgement of learned Sub divisional Judicial Magistrate, Siwan in trial No. 1001/ 2010, arising out of the said Mairwan PS case No. 126/1992, in order to contend that the trial court acquitted the petitioners of the charge framed against them under sections 419, 420, 468, 471 and 462 of the Indian Penal Code. He submits that their appointment letters have neither been cancelled nor there is any finding of authorities that such appointment letters are illegal, which has been communicated to these petitioners. He has also drawn my attention to a representation filed by the petitioners on 16.05.2011 before the Regional Deputy Director of Education, Saran Division at Chapra making a grievance that they are neither being allowed to join their services, in spite of their acquittal in criminal case, nor are being paid their salaries. It is submitted that despite passage of several years, the State Government has not taken a decision on representation filed by the petitioners.

(3.) Though the writ application was filed in the year 2011 and was admitted for hearing by an order dated 14.03.2012, till date no counter affidavit has been filed on behalf of the respondents-the State of Bihar. The conduct of the respondents in not filing counter affidavit is deprecated. This writ application is being disposed of on the basis of the pleadings made in the writ application.