IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8864 of 2009 ====================================================== Saryug Prasad, Son of Late Hari Mahto, resident of Mohalla – Sansar Pokhar, P.O. + P.S. – Lakhisarai, District – Lakhisarai, At present posted as Assistant Teacher in Kanya Primary School, Dhol Katwa, Anchal – Gidhaur, District – Jamui. .... .... Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Department of Human Resources, Government of Bihar, Patna. 2. The Director, Primary Education, Bihar, Patna. 3. The Regional Deputy Director of Education (R.D.D.E.), Munger Division, District – Munger. 4. The District Magistrate, Jamui. 5. The District Superintendent of Education –cum- Sub-Divisional Education Officer, Jamui. 6. The Block Education Extension Officer, Jhajha, District – Jamui. 7. The Treasury Officer, Jamui. .... .... Respondents. ====================================================== Appearance: For the Petitioner/s : Mr. Arun Kumar For the Respondent/s : Mr. (Ga1) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 04/ 06-09-2011 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for a direction to the respondents for making payment of arrears of salary withheld since July, 2002 till the date he has been dismissed from service vide order dated 3.11.2009 issued by the District Superintendent of Education, Jamui contained in Memo No. 1623 dated 5.11.2009. Petitioner was appointed as Matric trained teacher on 18.7.1984 and joined in Kanya Primary School, Dholkatwa in the district of Jamui. Patna High Court CWJC No.8864 of 2009 (4) dt.06-09-2011 2 / 3 2 Petitioner continued in service almost for 24 years. In the year 2002 some complaints were made with regard to appointment of petitioner on the basis of forged Matric and training certificate. Some enquiry was initiated and payment of salary to the petitioner was stopped. Petitioner’s case is that he was continued to discharge his duty and was never put under suspension, as such he is entitled for the salary for the period he has worked. On the other hand, counsel appearing for the State submits that since, petitioner’s appointment was on the basis of a forged document; his initial appointment was itself bad. On enquiry it was found that certificate produced by the petitioner for his appointment was forged document and in the facts and circumstances even if he continued to discharge his duties, he cannot entitled for his salary. The termination order has been challenged by the petitioner by filing an appeal before the appropriate forum. Admittedly the respondent, despite having this knowledge that the educational certificates produced by the petitioner was forged, did not take any step for restraining the petitioner from discharging his duties, he was not put under suspension and no departmental proceeding was initiated against him. Placing reliance on the report Patna High Court CWJC No.8864 of 2009 (4) dt.06-09-2011 3 / 3 3 submitted by the Bihar School Examination Board dismissal order has been issued, which is under challenge before the appropriate forum. In the facts and the circumstances of this case, petitioner is entitled for his salary for the period he actually worked, despite the fact that finally he has been dismissed from service, Payment of salary has been stopped since July, 2002 till the date of dismissal order issued by the D.S.E., Jamui dated 5.11.2009. The respondents are directed to make payment of entire salary to the petitioner subject to the final order passed in the appeal preferred by the petitioner within twelve weeks from the date of communication/production of this order. In case the appeal preferred by the petitioner is dismissed, respondents will have to liberty to take steps for recovery of amount paid as salary to the petitioner. This application is disposed of. DKS/ (Mridula Mishra, J)