AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned Advocate for the respective parties.
The grievance of the petitioner is inaction of the respondents in not extending the salary to the petitioner, who has been working as Teacher in Utkramit Middle School, Chapra, Akorhigola, since March, 2015.
Learned Advocate for the petitioner submitted that the petitioner was duly appointed under letter no. 1124 dated 20.06.2014, issued by the Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parishad, Rohtas at Sasaram and has been discharging his duty till date, however, the petitioner has been paid salary only up to 28.02.2015. He further submits that even if there was certain irregularity in the service of the petitioner, but if he has been discharging his duty, in such circumstances, he must be paid his salary in terms with the mandate of the Hon’ble Supreme Court in the case of Maan Singh Vs. State of Uttar Pradesh & Ors. : 2022(3) Supreme (SC) 626.
Referring to the aforesaid decision, it is submitted that the Hon’ble Supreme Court has clarified that even if the appointment was irregular, but if the employee had discharged the duties and in lieu of the duties, he should be paid the salary. The State cannot take any work from any employee without payment of any salary.
Learned Advocate for the petitioner fairly submitted that since the petitioner has already approached before the District Education Officer for redressal of his grievance, the same shall be considered after taking note of all the aspect of the matter.
Having considered the nature of the grievance and the materials available on record, this Court deems it fit and proper to dispose of the writ petition with a direction to the District Programme Officer (Establishment), Rohtas at Sasaram to consider the representation of the petitioner, the copy of which is marked as Annexure-P/4 Series and bring to its logical conclusion, preferably within a period of ten weeks from the date of receipt/production of a copy of this order, in the light of the discussions made hereinabove, especially the mandate of the Hon’ble Supreme Court in the case of Maan Singh(supra).
The writ petition stands disposed of.