Smt. Premlata Panwar vs District Education Officer and Others

Barin Ghosh, C.J.—In the writ petition, which has been dismissed by the judgment and order under appeal, appellant contended that appointment given to respondent No. 7 is an illegal appointment. The fact remains that even if that appointment is an illegal appointment, a declaration to that effect will not ensure to the benefit of the appellant and, accordingly, we have not gone into the question whether the said appointment was or was not an illegal appointment. The fact remains that the appellant contended that he worked in the school as a clerk, but at the same time, the fact also remains that he has not been able to bring on record anything to suggest that in fact he was appointed or permitted to work in the school at any point of time.

Appellant has relied upon two receipts showing deposit by him with the school a sum of Rs. 18,000/- twice over. One of the receipts is being disputed, and it is being contended that the same is a forged receipt. In other words, a factual dispute is involved, which cannot be sorted out without taking evidence. The other receipt, though acknowledges receipt of a sum of Rs. 18,000/- for the betterment of the school, but at the same time, holds out that the appellant will be given appointment in future in the school. A written document cannot be dissected. It must be read as it is. On reading the same, it appears that the said sum of Rs. 18,000/- was given by the appellant to the school on the assurance by the school that in future, the appellant will be given an employment in the school. Be that as it may, the school has stated in the counter affidavit filed to the writ petition that it is ready and willing to return the said sum of Rs. 18,000/- to the appellant.

We, accordingly, dispose of this appeal by directing the school to refund a sum of Rs. 18,000/- to the appellant together with interest calculated @ 7 per cent per annum simple from the date of receipt until the date of payment. The above payment must be made within a period of two months from today. In respect of the other receipt, also for a sum of Rs. 18,000/-, it will be open to the appellant to take such recourse to law as he may be advised. Other connected applications are disposed of by making it clear that we have not gone into the merits of the case made out in those.