QUAYUM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of certiorari for quashing the order as contained in memo dated 27th of August 2004 (Annexure -14) whereby the petitioners adjustment as clerk by memo dated 8.7.1991 (Annexure -10), has been cancelled and excess salary paid to him on account of his adjustment as clerk has been directed to be recovered.

(2.) SHORN of unnecessary details facts giving rise to the present application are that the petitioners father was a teacher posted in Primary School and died while in service on 1.7.1980. Petitioner passed the Secondary School Examination, conducted by the Bihar School Examination Board, held in the year 1984 and thereafter, applied for appointment on compassionate ground. Prayer of the petitioner for appointment on compassionate ground was considered by the District Compassionate Committee in its meeting held on 2.9.1988 (Annexure -2) and it resolved to appoint him to a Class IV post. In the light of the aforesaid resolution, by order as contained in memo dated 2.3.1989 (Annexure -3), petitioner was appointed as Peon and posted at Project Girls High School, Brahmpur in the district of Bhojpur. In the order of appointment, there was some error in regard to his surname which was lateron corrected by order as contained in memo dated 15.4.1989 (Annexure -4).

(3.) THE Director of Secondary Education by its letter as contained in memo dated 17.9.1990 (Annexure -7), wrote to the District Education Officer that appointment of the petitioner as clerk shall not be proper on administrative ground. The District Education Officer further by letter dated 6th of November, 1990 (Annexure -8) stated that in the Nationalised High Schools of the district of Bhojpur, there is no post of Clerk and as such, petitioner can not be posted as Clerk. Till then, the wind was blowing against the petitioner and it goes to the credit of one Dashrath Tiwary, Deputy Director of Education who by his memo dated 26.3.1991 wrote to the District Education Officer to adjust the petitioner to a vacant post of Clerk at Project Balika High School, Etahi in the district of Bhojpur. Accordingly, by order as contained in memo dated 8.7.1991 (Annexure -10) petitioner was adjusted against the post of Clerk and posted in the Project Girls High School, Etahi. Thereafter, the petitioner was transferred to another school.