ARJUN DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the petitioner and the State.

(2.) THIS application has been filed by the petitioner for a direction to the respondents to make payment of arrears of salary from August, 1999, as well as to ensure the payment of petitioner 'smonth -to -month current salary. Petitioner 'scase is that he was appointed initially on temporary post against sanctioned vacant post of Peon in Middle School, Ganoul, Bihpur, Bhagalpur, vide letter no. 730 -2 -6, dated 2.5.1973. On 8.5.1973 he gave his joining and since then continuously discharging Mis duties. He received his salary till month of July, 1999, but, subsequently, without any rhyme and reason it was stopped. Neither any show cause notice was issued nor was any departmental enquiry initiated in this regard. In spite of several representations of the petitioner till date salary is not being paid to the petitioner. Counter affidavit has been filed on behalf of the District Superintendent of Education, Bhagalpur, respondent no. 7. There is no denial of the counter affidavit regarding petitioner 's appointment against the sanctioned vacant post on 8.5.1973. However, it is stated that appointment was made by the District Superintendent of Education, Bhagalpur, who was not authorized to make such appointment after 1.1.1971 vide Departmental Circular No. 2106, dated 12.10.1332. It has not been stated in the counter affidavit that any departmental enquiry is going on against the petitioner relating to his appointment. This is strange that now the Circular of the Department issued in the year 1982 can have any application with regard to any appointment made in 1973. It is a settled law that any executive instruction or order cannot be made effective retrospectively. In the counter affidavit it has been stated that petitioner will get his salary as soon as the Director, Primary Education, will decide this issue. Payment of salary has. been stopped to the petitioner since August, 1999, till date no decision has been taken. It is not in dispute that petitioner is still working as there is no such denial in the counter affidavit. A Government servant, who was appointed on a sanctioned vacant post and still continuing, cannot be deprived his salary. Counsel for the petitioner has annexed the orders of the Court as Annexures -3 and 4 (C.W.J. C. No. 9013 of 2002 and C.W.J.C. No. 8478 of 2001) passed in similar matters. The direction of this Court was to the concerned authorities for making payment of salary without any delay. This direction was issued relying on the decision reported in 2002(3) P.L.J.R. 794 (Radha Kumari Vs. The State of Bihar & Ors.) and 2001 (3) P.L.J.R. 462 (Rampati Mishra & Ors. Vs. The State of Bihar & Ors.).

(3.) ON similar line this writ application is also being disposed off. The District Superintendent of Education, Bhagalpur, as well as all concerned authorities are directed to make payment of arrears of salary to the petitioner, which has been stopped since August, 1999, payable to the petitioner. The petitioner is going to retire on 31st Match, 2009, all payments should be made to the petitioner before his retirement.