MOHAMMAD BADRUDDIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 22.6.2009 passed by the learned Single Judge in W.P.(S) No. 3552/2008, by which the writ petition had been rejected since the learned Single Judge was of the view that the petitioner had raised disputed question of facts, which could not be gone into under writ jurisdiction.

(2.) THE petitioner/appellant herein had filed a writ petition praying therein for quashing a part of the order dated 8.10.2007 passed by the Director, Secondary Education, holding that the petitioner was entitled to salary from the Minority Institution which is a Government aided School, from January, 1999 to December, 1999 and also from February, 2003 to March, 2003 and the arrears were ordered to be paid to him but the petitioner's further prayer for payment of arrears of salary for the period from December, 2004 till the date of filing of the writ petition was rejected, which was assailed before the learned Single Judge, which was dismissed as stated above, since the learned Single Judge noticed that it involved disputed question of facts.

(3.) IN our considered opinion, when the petitioner had been discharging duties only in a Minority School, which was a private institute run by a Co -operative Society and only some grant was given to the School by the Government, the same could not have been treated to be a Government Institution and therefore, the Director, Secondary Education had no role or occasion to decide as to why the payment of salary be not made to the petitioner. However, the respondent -State did not prefer any appeal against the order passed by the learned Single Judge to the effect that the matter could not have been decided by the Director, Secondary Education, Ranchi, as he had no authority to do so in regard to the private minority institute and hence, rightly or wrongly the Director, Secondary Education, Ranchi, decided the matter and held that the salary was payable to the petitioner from January, 1999 to December, 1999, and from February, 2003 to March, 2003. Strictly speaking, as already stated, this order could not have been passed by the Director, Secondary Education, Ranchi, in regard to a Teacher discharging duties in a private minority school. However, there is no State appeal against the same and hence, we do not propose to enter into this question, but in so far as the challenge of the petitioner in regard to denial of salary for the period from December, 2004 till the date of filing of the writ petition is concerned, the same has not been entertained by the learned Single Judge on the ground of disputed question of facts. But apart from this reason, we are also of the view that the writ petition itself was not maintainable before the learned Single Judge since the petitioner/ appellant herein had been discharging duties admittedly in a Minority Institution which was privately run under the management and control of a Co -operative Society.