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Judgment
Heard Mr. L.R. Mazumdar, learned counsel for the petitioner. Also heard Mr. J. Ahedin, learned Standing Counsel, Elementary Education Department for the respondents.
In this petition, the petitioner is challenging the following order dated 22.08.2019 (Annexure-16 to the writ petition) :
"Upon perusal of report of the Block Elementary Education Officer, Narsingpur submitted vide letter No.NBE/Esstt/Amalgamation/ LP/2019/5783, dated 15/06/2019 which was duly apprised by the DEEO, Cachar through File, it appears that the following two teachers of 1098 No. Hatimara L.P. School has been drawing their salaries from Govt. Exchequer without performing any duty as 1098 No.Hatimara LP School in Zero Teacher School.
1) Sri Taj Uddin Laskar, H.T. Regular Teacher.
2) Sri Samzad Ahmed Mazumder, A.T. Contractual Teacher.
Whereas there is a ban upon transfer/attachment of teachers from the Govt. Level.
Moreover, as per Govt. norms 1098 No. Hatimara L.P. School require to be amalgamated much earlier being Zero Teacher School however, presently there is no scope to initiate fresh proposal for amalgamation for the time being.
But no Govt. servant can be allowed to draw salary from Govt. Exchequer without performing any duty.
Considering the above facts and circumstances, the aforesaid two teachers are directed to perform their usual duty in the following mentioned School immediately till alternative further Order have been made from the level of the authority.
Name of Zero Enrolment School
Name of School where to to be performed temporarily
Remarks
1) Taj Uddin Laskar,-- HT
399 No. Tulartal LP School
High Enrollment
2) Samzad Ahmed -- Mazumder, AT
1545 No. Mathurapur S. Punjee LP School
Single Teacher
Both the teachers are directed to produce monthly performance report to the BEEO, Narsingpur for release of monthly salary.
This is purely a temporary arrangement made with a view to avoid misuse of Govt. money in the shape of salary.
This order is made in the light of the kind approval accorded by the D.C. Cachar, Silchar dated 22/08/2019.
Sd/-
District Elementary Education, Officer,
Cachar, Silchar".
The apparent reason directing the petitioner to submit the performance report to the DEEO for release of his salary is unknown to any procedure followed in this country for payment of salary. Further, if there is any doubt about the performance of the petitioner, the authority may be free to take action in accordance with law, but the employee cannot be directed to submit performance report for release of salary.
Accordingly, the petition is allowed.
The impugned order dated 22.08.2019 is set aside with liberty to the respondent authorities to take necessary action against the petitioner in accordance with law, but cannot insist on submission of performance report for payment of salary.