VISHUNDEO PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

(2.) The grievance of the petitioner in the writ petition is that the respondents have committed error in the matter of posting of the petitioner. He submits that the petitioner was under suspension and his suspension was revoked vide Annexure-3, dtd. 31/3/2000. Learned counsel submits that after revocation of suspension petitioner is regularly working but they have not paid salary on the ground that two teachers have been posted against one post.

(3.) The respondents cannot take plea of posting of two teachers against one post, if the respondents have committed error in posting the petitioner as additional teacher in the school in question, the same cannot be a ground to deny salary to the petitioner as taking work and denying salary is violation of Article 21 and 23 of the Constitution. The State officials cannot practice Begari.