IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 1109 of 2009 Mundrika Kumar Mishra, son of Late Yadunandan Mishra, resident of Village-Bakraur, Police Station – Bodh Gaya, District – Gaya ……………………. Petitioner Versus 1. The State Of Bihar through Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 2. The Director, Secondary Education, Government of Bihar, Patna 3. The Regional Deputy Director of Education, Magadh Division, Gaya 4. The District Education Officer, Aurangabad 5. The Headmaster, High School, Salaiya, Aurangabad ……………………. Respondents ---------------------------- For the Petitioner: Mr. Tej Bahadur Singh, Sr. Advocate Mr. Brishketu Sharan Pandey, Advocate For the State: Mr. Manoj Kumar Ambastha, GP-14 Mr. Subodh Kumar, AC to GP-14 ********** 05. 15.09.2011 Heard learned counsel for the petitioner and the counsel appearing for the State. Counter Affidavit, Supplementary Counter Affidavit has been filed on behalf of the State and the rejoinder to the Counter Affidavits on behalf of the petitioner, as such, pleadings are complete. Prayer of the petitioner in this Writ Application is for directing the respondents to accept his joining on the post of Assistant Teacher and also to make payment of salary on regular basis, which has been denied to him on account of not accepting his joining. Facts, revealed in the Writ Application, are that petitioner was appointed as Assistant Teacher, vide 2 Memo No. 26-395, dated 20.02.1990, issued under the signature of Director, Secondary Education, Government of Bihar, Patna. He was directed to join in High School, Tapkara, District-Ranchi. When the petitioner went to give his joining, there was no post vacant, so he was posted in High School, Madhe Siwanpur Ankorha, in the district of Aurangabad, vide Office Order, contained in Memo No. 21-10, dated 02.04.1990, issued by the Deputy Director, Secondary Education and the petitioner’s joining was accepted there. He was transferred to High School, Salaiya by the Regional Deputy Director of Education, Magadh Division. Petitioner’s case is that in September, 2001, due to some heart ailment, he proceeded on leave for 15 days and leave application was sent by him. After 15 days, on 20.10.2001, when he came back for giving his joining, it was not accepted. Since then petitioner has not worked even for a single day, as Assistant Teacher, due to non-acceptance of his joining by the Respondents and he has not been paid his salary. In 2004, he represented before the Regional Deputy Director, Magadh Division, Gaya for payment of his salary and also for acceptance of his joining. Thereafter, direction was issued to the District Superintendent of Education, Aurangabad for producing all connected documents, relating to the service of the 3 petitioner, but that was also not done. In sum and substance, petitioner’s case is that for no obvious reasons, the respondents have refused to accept his joining and on account of not accepting his joining, salary is also not being paid. Facts of the case are completely denied in the Counter Affidavit, filed on behalf of Respondent No. 2. In the Counter Affidavit, it has been stated that on verification of connected records, it was found that petitioner’s appointment is a forged appointment. No such appointment letter, which has been annexed as Annexure-1 to the Writ Application and the adjustment letter, annexed as Annexure-2 to the Writ Application, were ever issued from the Office of the Director, Secondary Education. Receiving several complaints, regarding forged appointments, when an enquiry was initiated, petitioner disappeared from the place of his posting. Subsequently, after four years, he appeared, claiming his salary by filing an application before the Regional Deputy Director of Education, Magadh Division, Gaya. In the Supplementary Counter Affidavit, it has been stated that on the basis of forged and fabricated appointment letter, petitioner is claiming his appointment. The petitioner has no legitimate claim for salary, as his appointment itself is forged. Considering the pleadings of the parties, it is 4 obvious that till date the respondents have not issued any termination letter in favour of the petitioner. Petitioner has not been asked to appear before any concerned authority to defend his appointment as a legal appointment. Counsel, appearing for the State submits that on account of petitioners’ continuous absence, no steps could be taken, till now. Whatever be the matter, I do not find that any specific direction can be issued to the respondents for making payment of salary to the petitioner, considering the facts, revealed in the Counter Affidavit. It is also necessary that petitioner should have been given an opportunity to explain the situation and defend his appointment as a legal appointment for claiming salary and acceptance of his joining. In the facts and circumstances, I direct the Director, Secondary Education, Bihar for giving an opportunity to the petitioner in this regard. The petitioner is directed to appear before the Director, Secondary Education on 12th of October, 2011 at 11.00 a.m. On that date, Director, Secondary Education will give some time to the petitioner for submitting his show-cause, fixing a date on which the petitioner will appear along with his documents. The documents, produced by the petitioner, will be examined by the Director, Secondary Education. He may also call for the connected records and 5 thereafter a reasoned order will be passed by the Director, Secondary Education. In case, the appointment of the petitioner is found to be forged, petitioner will not be entitled for claiming his joining or arrears of salary, as claimed in the Writ Application. In case the appointment letter of the petitioner is found to be legal and genuine, petitioner’s joining will be accepted and he will be entitled for all consequential benefits along with arrears of salary. In case, the appointment of the petitioner is found to be on the basis of forged documents, respondents will have option to take recourse in accordance with law. SKM (Mridula Mishra, J.)