Shankerappa Hulagur, Anand Bharathi High School, Music Teacher, Bharathi Vidya Mandira, Salagame Road, Hassna-573201 vs The Deputy Director, Department of Public Instructions, Bangalore and Others

Anand Byrareddy

This petition coming on for preliminary hearing in ''B'' Group is taken up for final disposal.

It is the complaint of the petitioner that the petitioner was a Music Teacher in the fifth respondent - School which is a private aided school. The fact of appointment of the petitioner on 11.03.2009, was approved by the third respondent. The petitioner has received salary for the months of June 2009 and July 2009 and this was paid out of Government funds. This, therefore, would evidence the fact that the petitioner''s post has been duly approved by the competent authorities. However, in the month of October 2010, the salary relating to eight months namely from August 2009 to March 2010 was released in favor of ten employees of the fifth respondent including the petitioner herein. No separate salary bills were passed by the Department. Unfortunately, the salary of the petitioner relating to that period was not paid as it was deposited in one lumpsum without individual salary slips. On a further enquiry, it is learnt that the salary of the petitioner is sought to be withdrawn in terms of Annexure- "A". It is that which is sought to be questioned in the present petition.

The learned Government Pleader on -instructions, would submit that Annexure-"A" is issued by inadvertent error committed by the First respondent and that a subsequent notice has, however, been issued to the petitioner to which he ought to file his reply and subject to the result of further consideration of the reply, if the petitioner is entitled to the release of the salary for the relevant period, it would be done, in the usual course. The learned Government Pleader without filing his Statement of objections would assert that the withholding of the salary of the petitioner was on account of the fact that the petitioner who was a Music Teacher, was not entitled to be appointed after the approval of the petitioner''s appointment was found to be invalid on account of the post of Music Teachers itself having been abolished with effect from 2.2.2000. Therefore, the respondents have chosen to issue a notice calling upon the petitioner to show cause as to why the petitioner''s services ought not to be terminated as being invalidly appointed. Since the learned Government Pleader would candidly admit that Annexure-"A" is inadvertently issued by mistake the same would be a nullity. In which event, the petitioner would receive all benefits due to him up to the date of the second show cause notice which is now said to have been issued which the petitioner is said to have received, dated 8.9.2011. Therefore, it would follow that the petitioner is placed on notice of any infirmity in his appointment only as on 8.9.2011 and as a consequence, the petitioner would be entitled to all benefits that he was legitimately due, up to that date.

Annexure-"A" stands quashed. The respondents accordingly shall release such benefits to the petitioner which have been withheld. The petitioner shall be granted all the benefits up to the date of the second notice dated 8.9.2011 and subject to the result of any further proceedings by the respondents, the petitioner shall be continued to pay the salary at the same rate and the petitioner shall not be denied employment till such time a final decision is taker, by the respondents. The petition stands disposed of accordingly.