HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 1924 of 1998 DATED: 11.02.2010 Between: P. Noor Ahmed Madani .. Petitioner And The Chairman, A.P. State Wakf Board .. Respondent O R D E R:- The petitioner asserts that he worked as L.D. Inspector and Auditor at Kurnool (East) from 06.11.1986 to 28.08.1991. While so, the petitioner states that on 29.08.1991, he tendered resignation on health grounds and the respondent, vide his proceedings dated 31.10.1996, accepted his resignation with effect from 29.08.1991, but he was not paid salary for the period from 01.01.1989 to the date of resignation. Since the acceptance of his resignation was pending consideration for a long time, the petitioner made representation dated 23.11.1996 requesting the respondent to pay his salary for the period from 01.01.1989 to 29.08.1991, and now, it is his grievance that the respondent has neither considered his representation nor paid the salary for that period. Hence, the petitioner has filed the present writ petition seeking appropriate directions. The respondent has filed counter affidavit inter alia denying the allegations made in the affidavit filed in support of the writ petition and stated that the petitioner was appointed as LDC in the pay scale of Rs.240-10-420/- in the month of May, 1986. Thereafter, he was transferred and posted as L.D. Inspector Auditor in Kurnool, in the month of November, 1986. He collected Wakf Fund of Rs.2,667.40 only in the month of July, 1989 and deposited it in Board Office, but there was no collection of Wakf Fund for the period from January, 1989 to June, 1989 and from August, 1989 to November, 1990. Besides, he studied L.L.B. Degree Course without obtaining permission from the Board, which shows that he has not performed duties during the period from January, 1989 to November, 1990 except in July, 1989. The Wakf Board is an autonomous body, and the salary of staff members is depending only on the collection of the Wakf Fund. His existence as L.D. Inspector Auditor, Kurnool has become fruitless. So, he was transferred and posted as L.D.C. at Head Office, vide proceedings dated 22.11.1990. The individual was deemed to have been relieved from the post of L.D. Inspector Auditor, Kurnool with effect from 30.11.1990 with a direction to hand over his charge to Sri Abdul Rab Ansari, L.D. Inspector Auditor, Kurnool. Firstly, he submitted leave application on 24.11.1990 for the period from 23.11.1990 to 27.12.1990 which was refused with a direction to join duty, but the petitioner failed to do so. In his representation, dated 19.08.1991 addressed to the then Administrator, A.P. State Wakf Board, he requested to sanction long leave on loss of pay from 01.12.1990 to 01.12.1993 which was not considered. Subsequently, he tendered his resignation on 29.08.1991, which was accepted by the respondent from that date, vide his proceedings dated 31.10.1996. Thus, it is clear that the petitioner did not perform his duties during the period from January, 1989 to November, 1990 except in July, 1989, as such, he is not entitled to salary for that period. Further, the question of payment of salaries for the period from 01.01.1989 to 30.11.1990 as L.D. Inspector Auditor, Kurnool and for the period from 01.12.1990 to 28.08.1991 as LDC does not arise. The petitioner tendered his resignation on 29.08.1991 on health grounds which was accepted with effect from 29.08.1991, vide Proceedings dated 31.10.1996. The petitioner, neither performed his duties as LD Inspector Auditor in Kurnool from January, 1989 to November, 1990 nor performed his duties as LDC from 01.12.1990 to 28.08.1991. Hence, the respondent prays to dismiss the writ petition. From the averments contained in the counter affidavit, it appears that the petitioner was not paid his salary for the period from 01.01.1989 to 29.08.1991 even though he worked for that period, on the ground that he had not collected Wakf Fund during that period and he got himself admitted to Law College and studied L.L.B. Absolutely, the reasons furnished do not stand for scrutiny of law. Once the petitioner worked for the period from 01.01.1989 to 29.08.1991, he is entitled to payment of his salary as per law. Maybe, he applied for resignation and did not collect the funds for the period from 01.01.1989 to 29.08.1991, for which reason, the respondent ought to have conducted a detailed enquiry and taken appropriate action against the petitioner for such lapse on his part, as may be available to him under law. The mere prosecution of L.L.B. Degree Course or non-collection of funds itself does not disentitle the petitioner from claiming his legitimate salary. Hence, I am of the considered opinion that the petitioner could not have been denied his rightful salary, which he deserves for the above referred period. Under the above facts and circumstances of the case, the writ petition is allowed and the respondent is directed to pay salary to the petitioner for the period from 01.01.1989 to 29.08.1991 within a period of six weeks from the date of receipt of a copy of this order. No order as to costs. ______________ C.V. RAMULU, J 11th February, 2010 bcj