MOHAN PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned counsel for the petitioner is permitted to make necessary correction in paragraph 1 of the writ application, as prayed for.

(2.) Heard learned counsels for the petitioner and the State. The present writ application has been preferred by the petitioner to make payment of arrears of salary along with interest for the period 14/12/2004 to 25/8/2005 while he was posted on the post of Clerk in the office of the District Education Officer, Madhubani.

(3.) The factual matrix would unveil that the father of the petitioner was an Assistant Teacher in Primary School, Chhajana, Ghoghardiha in the District of Madhubani who died in harness on 7/8/2003. Susequently, the District Compassionate Committee, Madhubani in its meeting dtd. 2/9/2004 decided to appoint the petitioner on the post of Clerk and consequently, the District Magisatrate, Madhubani vide letter no. 1054 dtd. 6/9/2004 and 1319 dtd. 27/10/2004 issued appointment letter to the petitioner and thereby the petitioner was appointed on Class III post of Clerk in the pay scale of Rs.3050.004590 and was posted in High School Khutauna from the date of joining. Consequently, letter no. 1587 dtd. 13/12/2004 as contained in Annexure 1 was issued. The petitioner went to the said school after getting the letter of joining, as contained in Annexure 1, but the Headmaster of the school in question did not accept the joining of the petitioner on the ground that the post of Clerk in the school in question is not vacant and a communication was made to that effect to the District Education Officer, Madhubani. Thereafter, on 14/12/2004 the petitioner submitted his joining in the office of the District Education Officer, Madhubni and started working there. Thereafter, vide memo no. 1775 dtd. 6/9/2005 (Annexure 2) issued under the signature of District Education Officer, Madhubani the petitioner who was waiting for posting in the office of the District Education Officer, Madhubani, was posted in the High School, Narahiya, Madhubani on the post of Clerk and was directed to join the said post. The petitioner was initially not relieved from the office of the District Education Officer, but ultimately he got relieved on 6/12/2005, and thereafter the petitioner joined at Narahiya. The petitioner was made payment of salary from 26/8/2005 but has not been paid the salary from 14/12/2004 to 25/8/2005. Hence, the present writ application.