IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.971 of 2011 In Civil Writ Jurisdiction Case No. 10116 of 2010 With Interlocutory Application No. 4443 of 2011 ====================================================== Md.Mahtab Alam son of Md. Ali Ahmad, resident of Village- Shakurganj, P.O.- Pandui, P.S.- Parasbigha, District- Jehanabad. .... .... Appellant/s Versus 1. The State Of Bihar , through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. The Director, Primary Education, Govt. of Bihar, Patna. 3. The District Magistrate, Jehanabad, District- Jehanabad. 4. District Teachers Appointment Appellate Authority, Jehanabad, through its Member, Harendra Chandra Dutt. 5. Additional Collector (Naxal), Jehanabad, District- Jehanabad. 6. Block Development Officer, Jehanabad, District-Jehanabad. 7. District Superintendent of Education, Jehanabad, District- Jehanabad. 8. Gram Panchayat Kalpa, Block-Jehanabad, through its Secretary. 9. Head Teacher, Govt. Urdu Primary School, Kajipur Tali, District- Jehanabad. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Nand Kumar Singh For the Respondent/s : Mr. Jaishankar Barnwal Sc1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 2 08-07-2011 The delay of 45 days occurred in filing the present Letters Patent Appeal is condoned. This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the order dated 3rd March 2011 made by the learned single Judge in above C.W.J.C. No. 10116 of 2010. On 22nd February 2007, the appellant was appointed as a Panchayat Teacher in Kalpa Panchayat in the subject of “Urdu”. Pursuant to the said appointment, the appellant joined service on 24th February 2007. Pursuant to certain complaint made in respect of his selection and appointment, an enquiry was held. The appointment of the appellant was found to be illegal. His appointment was, therefore, cancelled on 19th May 2008. Consequently his service was terminated on 19th July 2008. The challenge to the said order before the appellate authority constituted under Rule 18 of the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006 failed. The appellant challenged the order of the appellate authority in above C.W.J.C. No. 10116 of 2010. The learned single Judge has dismissed the writ petition. Therefore, the present Appeal. It is the categorical finding of the authority below and the appellate authority that the appellant had not made application 3 within the time specified in the advertisement. His name was later entered at the end of the panel of the selected candidates. Learned advocate Mr.Nand Kumar Singh has appeared for the appellant. He has not been able to dislodge the aforesaid finding recorded against the appellant. In view of the said finding the appointment of the appellant cannot be sustained. Consequent cancellation of appointment and termination of service cannot be interfered with. It is, however, the case of the appellant that though he discharged duty from 25th February, 2007 till 4th August 2008, he was not paid the salary since September 2007. The aforesaid statement has not been denied either in the writ petition or before us. In above view of the matter, we are of the opinion that the appellant is entitled to receive salary for the period he discharged duty on the principle of “quid pro quo”. We, therefore, direct the respondents to pay to the appellant- writ petitioner the amount of unpaid salary for the period from September, 2007 till 19th July 2008 (the date of the termination of service) within a period of six weeks from today. In the event the respondents fail to pay the amount of salary, as directed hereinabove, the appellant will be entitled to 4 recover the said amount with interest @ ten per cent per annum commencing from 1st September, 2011 till the date of payment. Subject to the above direction the appeal is dismissed. Interlocutory Application stands disposed of. The Registry will send the writ forthwith. B Tiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)