SHYAM NANDAN SINGH Vs. STATE

JUDGEMENT

(1.) HEARD the parties. At the relevant time in October, 1999 when this writ petition was filed the petitioner was posted as Assistant Teacher in Hit Narayan Kshetriya Ucyhchya Vidyalaya, Ara. His prayer in the writ petition was for a direction to the respondents to release the arrears of salary due to the petitioner since May, 1999 till date and also current salary and consequential benefits like fixation of increments in accordance with law. Due to long pendency of the writ petition at the stage of admission a supplementary affidavit was filed in December, 2004 to bring on record the latest relevant facts. The subsequent developments, inter alia, show that subsequently petitioner has been transferred to another school where he joined on 23.6.03 and since then he is getting regular salary. Hence, in the supplementary affidavit the prayer is for a direction to the respondents for payment of arrears of salary till June, 2003.

(2.) ALL the parties were heard in detail through their respective counsel at the stage of admission itself.

(3.) ON behalf of petitioner it has been pleaded in rejoinder to the counter affidavit of respondent no. 5 that the superior officer the Regional Deputy Director, Education had deputed the petitioner to another school namely Baldeva High School, Danapur on 31.12.99 where petitioner joined on 3.1.2000 and worked till July, 2000 but in spite of communications made by the Headmaster, Baldeva High School enclosing petitioners attendance report vide annexures 16 series, respondent no. 5 did not pay salary to the petitioner. Thereafter the arrangement of deputation was dis -continued and when petitioner approached respondent no. 5 after 31.7.01 his joining was again not accepted. According to counter affidavit of respondent no. 4 no payment was made on the basis of annexure -16 because the order of Regional Deputy1 Director of Education deputing the petitioner to Baldeva High School, Danapur was not received by him or by the Headmaster. Petitioner has annexed a letter of District Education Officer dated 14.3.2000 as annexure 17 whereby respondent no. 5 was directed to pay the salary of the petitioner for the period, May, June and July, 1999 within 3 days. A report of the District Education Officer dated 13.7.02 has been annexed as annexure -11 to show that after revocation of suspension petitioner had approached respondent no. 5 for joining even in presence of the D.E.O. but respondent no. 5 did not accept the joining and on being asked to show cause he replied that petitioner had never approached him for joining. An order dated 28.6.04 passed in a Criminal Misc. Case bearing no. 35794/03 has been annexed as annexure -18 to show that this court, prima facie, found the criminal case against the petitioner vide Arra -Nawadah P.S. Case No. 300/99 fit for quashing and hence while issuing notice further proceedings have been stayed.