IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1263 (SS) of 2005 Narottam Dutt Jakhmola. …..…...Petitioner Versus Committee of Management, Swami Ram Teerth Vidya Mandir (Junior High School), Baurari, New Tehri, District Tehri Garhwal through its Manager and others ….Respondents Present : Mr. Bhagwat Mehra, Advocate for the petitioner. Mr. N.P. Shah, Standing Counsel for the State of Uttarakhand. None for the respondents no. 1, 3 and 4. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. Bhagwat Mehra, Advocate for the petitioner and Mr. N.P. Shah, Standing Counsel for the State of Uttarakhand. According to the petitioner, he was the senior most Assistant Teacher working in a grant-in-aid Junior High School. This writ petition has become infructuous, as a regular incumbent has already joined the post of Principal, however, the issue remain as to whether petitioner is liable to get salary between 06.07.2005 to 06.01.2006. The matter is disposed of with the direction to the District Education Officer, Tehri Garhwal to inquire as to whether the petitioner has worked during the period mentioned above. He must conclude the inquiry within one month. In case, it is found that the petitioner has worked during this period the petitioner shall be 2 disbursed the salary within a period of one month thereafter. The mere fact that petitioner has not signed the register will not be material, due to the peculiar circumstances of the case. In the present case, petitioner insisted on signing the register as a Head master, which was not allowed by the Management, therefore, the fact as to whether the petitioner has actually worked as Assistant Teacher needs to be inquired for which an inquiry needs to be done by the concerned District Education Officer. If he comes to the conclusion that the petitioner was working as an Assistant Teacher during the said period, salary shall be disbursed to the petitioner for the said period. With the aforesaid observation, writ petition is disposed of. (Sudhanshu Dhulia, J.) 25.07.2011 SKS