IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 6425/2008 Decided on:18.3.2011 _____________________________________________ Sita Ram. …Petitioner. Versus State of Himachal Pradesh and others. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No For the petitioner : Mr. Virender Singh Rathore, Advocate. For the Respondents: Mr. Vikas Rathore, P.M. Negi, Dy. A.G. with Mr. R.P. Singh, Asstt. A.G. _____________________________________________________ Justice Rajiv Sharma, Judge (oral). Petitioner was appointed as Trained Graduate Teacher (Science) in privately managed School, i.e. Adarsh Public High School, Zamanabad at Abdullapur, District Kangra. The name of this school was included in the list of schools for the release of Grant-in-Aid. Petitioner joined his duties on 11.6.1996. His salary for the period with effect from 1.4.1997 to 31.3.1998 has not been paid. He served a legal notice on the respondents for the release of salary. 1 Whether reporters of the local papers may be allowed to see the judgment? No 2 2. Mr. Virender Singh Rathore has strenuously argued that action of the respondents to withhold the salary of the petitioner with effect from 1.4.1997 to 31.3.1998 is illegal and arbitrary. According to him, his client has tendered his resignation from the post of Pradhan on 4.3.1999, which was accepted by the District Panchayat Officer, Kangra on 21.3.1999. 3. Mr. Vikas Rathore has vehemently argued that since the petitioner was holding the office of Pradhan, Gram Panchayat Shamirpur (Kangra), he was not entitled to salary with effect from 1.4.1997 to 31.3.1998 under the Grant-in- Aid. 4. I have heard the learned counsel for the parties and have perused the record carefully. 5. Petitioner was appointed as Trained Graduate Teacher (Science) in privately managed School, i.e. Adarsh Public High School, Zamanabad at Abdullapur, District Kangra on 11.6.1996. At the time of his selection, petitioner was holding the post of Pradhan, Gram Panchayat, Shamirpur (Kangra). In view of this, he could not be appointed to the post of Trained Graduate Teacher. He has concealed the fact of his being Pradhan at the time of his selection and appointment. State Government had decided to include the 3 Adarsh Public High School, Zamanabad at Abdullapur, District Kangra in the list of schools for the release of Grant-in-Aid. It is at this stage that the State Government came to know about the petitioner holding the two posts, i.e. Pradhan, Gram Panchayat, Shamirpur and Trained Graduate Teacher. Petitioner has tendered his resignation on 4.3.1999, which was accepted by the District Panchayat Officer on 21.3.1999. Respondent-State has decided to release the salary of the petitioner with effect from 22.3.1999 after the petitioner tendered his resignation from the post of Pradhan, Gram Panchayat, Shamirpur. 6. Consequently, in view of the observations and discussions made hereinabove, there is no merit in the petition and the same is dismissed. No costs. (Justice Rajiv Sharma), Judge. 18.3.2011 *awasthi*