ABHAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application was initially filed for quashing the order as contained in memo dated 18th of July, 2003 (Annexure 1) whereby petitioner was restrained from functioning as the Assistant Teacher. However, during the pendency of the writ application, petitioner has been appointed as a Clerk and the prayer of the petitioner is for payment of salary for the period he had worked as Assistant Teacher. Short facts giving rise to the present application are that the petitioner's father was an Assistant Teacher, who died while in service on 2.8.2001. Petitioner filed application for his appointment on compassionate ground and the same was considered by the District Compassionate Committee in its meeting held on 29.8.2002 and it recommended for appointment of the petitioner as Assistant Teacher. The decision of the District Compassionate Committee was communicated to the District Superintendent of Education by memo dated 17.9.2002 (Annexure 6). In the light of the recommendation of the District Compassionate Committee by order dated 11.10.2002 (Annexure 7) petitioner was appointed as Assistant Teacher and posted in Primary School, Jamuawan, Khijar Sarai, in the District of Gaya. In pursuance thereof, he joined on 12.10.2002.

(2.) Petitioner is Intermediate pass and he had passed the Matriculation Examination in 3rd division. Taking note of the fact that the person, who passed the Matriculation Examination in third division, is not eligible to be appointed as the Assistant Teacher, by the impugned order, petitioner was restrained from functioning as such. Petitioner aggrieved by the same filed this writ application on 14.8.2003. During the pendency of the application, the case of the petitioner was again considered by the District Compassionate Committee in its meeting held on 26.8.2003 and on its recommendation, by order dated 1.10.2003 (Annexure 9), petitioner has been appointed as a Clerk. Petitioner's claim is that he is entitled to get the salary of the Assistant Teacher till his appointment as a Clerk.

(3.) Mr. Tej Bahadur Singh appearing on behalf of the petitioner contends that the fault lay with the respondents in appointing the petitioner as Assistant teacher and as such petitioner is entitled for payment of salary till his appointment as Clerk.