IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2501 of 2009 SRI KANT PANDEY, SON OF SRI YADUNANDAN PANDEY, RESIDENT OF VILLAGE – LAKHISARAI, P.O. MALATHI, P.S. – GHOSI, DISTRICT – JEHANABAD, AT PRESENT POSTED AS ASSISTANT TEACHER IN SRI BALDEO SANSKRIT HIGH SCHOOL, MASAURHI, DISTRICT – PATNA. ……….. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR SANSKRIT SHIKSHA BOARD, EAST BORING CANAL ROAD, PATNA THROUGH ITS SECRETARY. 4. THE CHAIRMAN, BIHAR SANSKRIT SHIKSHA BORAD, EAST BORING CANAL ROAD, PATNA. 5. THE SECRETARY, BIHAR SANSKRIT SHIKSHA BOARD, EAST BORING CANAL ROAD, PATNA. 6. THE DISTRICT EDUCATION OFFICER, PATNA. 7. THE SECRETARY, MANAGING COMMITTEE, SRI BALDEO SANSKRIT HIGH SCHOOL, MASAURHI, DISTRICT – PATNA. 8. THE HEADMASTER, SRI BALDEO SANSKRIT HIGH SCHOOL, MASAURHI, DISTRICT – PATNA. ……… RESPONDENTS. ----------- 06/ 19.05.2010 Heard counsel for the petitioner, counsels appearing for private respondents, the State and Bihar Sanskrit Shiksha Board. Petitioner has filed this application for a direction to the respondents to make payment of arrears of salary due since 1.6.2007 as well as current salary. Petitioner was appointed as Assistant teacher by the Managing Committee of Sri Baldeo Sanskrit High School, Masaurhi, Patna initially on temporary basis. Subsequently, his appointment was approved by Bihar Sanskrit Shiksha Board with effect from the date of joining vide office order no. 4831 dated - 2 - 23.12.1983. The Managing Committee of the School decided to appoint the petitioner as Headmaster vide letter no. 31 dated 28.5.2007 and the petitioner was directed to take over charge from one Chandeshwari Prasad Sharma Vatsa, who was going to retire on 31.5.2007. The Bihar Sanskrit Shiksha Board constituted a new Managing Committee and one Sri Surendra Kumar Sunil was appointed as Headmaster of the School. A dispute arose in between the petitioner and the newly appointed Headmaster regarding the post of Headmaster and seniority, as a consequence of which the petitioner was put under suspension vide order dated 3.11.2007 issued under the signature of Secretary, Sri Baldeo Sanskrit High School, Masaurhi. The reason for putting the petitioner under suspension was his absence from duty without information since 1.6.2007. Petitioner submitted his show cause and finally the Managing Committee decided to revoke the order of suspension vide order contained in Memo No. 42 dated 29.7.2008 issued under the signature of Secretary of the School. The Managing Committee vide order dated 29.7.2008 decided to make payment of salary to the - 3 - petitioner for the period of suspension, despite this fact petitioner was not paid his arrears of salary as well as current salary, as such writ application has been filed for a direction to the respondents for payment of arrears of salary as well as current salary. Counter affidavit has been filed on behalf of Headmaster of the School (Respondent No. 8) raising objection regarding payment of arrears of salary since 1.6.2007 stating that the petitioner was absent from duty, during the period in betwenn 1.6.2007 to 2.11.2007, without any information and notice to Managing Committee as well as Headmaster of the School. In reply to this, counsel for the petitioner submits, the considering the proposal of petitioner to treat this period as earned leave, the Managing Committee has passed an order, as such Respondent No. 8 cannot raise any objection, since it has already been accepted. The District Education Officer, Patna in his counter affidavit at paragraph no. 8 stated that Headmaster of Baldeo Sanskrit High School, Masaurhi had sent letter no. 14 dated 02.02.2010, on consideration of the objection of - 4 - the Headmaster of the School, earlier decision of the Managing Committee for revoking the suspension and directing to make payment of arrears of salary for the period of suspension, was reviewed and a decision was taken that on account of petitioner’s absence without information, this period cannot be accepted as earned leave and he will not be paid his salary for the period of absence. Counsel for the petitioner submits that vide earlier order contained in Annexure-5 already Managing Committee had decided to make payment of arrears of salary to the petitioner for the period of suspension and the suspension order was revoked. The Managing Committee, subsequently, could not have reviewed it, without any notice to the petitioner. Since review jurisdiction is a statutory jurisdiction, if not vested in any authority, it cannot exercise it. On consideration of the submissions of the parties and the pleadings, I am of the view that the petitioner had made a proposal, for the period of his absence, and that was duly considered and by the Managing Committee. Accordingly, a resolution was taken for revocation of - 5 - suspension and payment of salary for the period of suspension, The period of suspension was decided to be taken as period of duty. In this circumstance, the subsequent order, annexed with counter affidavit filed by the District Education Officer, which is an out come of subsequent resolution of the Managing Committee, without any notice to the petitioner, is completely erroneous. Petitioner could not have been denied a right, which accused him on the basis of earlier decision of Managing Committee, in an ex- parte proceeding. Counsel appearing for Bihar Sanskrit Shiksha Board has very fairly contended that in the matters of private managed school, the Managing Committee has authority to take decisions in all administrative matters but once the Managing Committee has taken decision for making payment of arrears of salary and for revocation of suspension, this is final. It could not have been reviewed, specially, in the manner, it has been done. Considering the facts and circumstances of the case, Respondent No. 8, Headmaster of the School is directed to send salary bills of the petitioner to the District - 6 - Education Officer, Patna within two weeks from the date of production/communication of the order and the District Education Officer, Patna is directed to make payment of entire arrears of salary to the petitioner within four weeks from the date of receiving of the salary bills sent by Respondent no. 8. Current salary shall be paid to the petitioner on month to month basis. This application is allowed. DKS/ (Mridula Mishra, J.)