Patna High Court: A Single Judge Bench comprising of Anil Kumar Upadhyay, J. quashed an office order denying payment of salary to the aggrieved petitioner whose appointment was disputed.
In the present matter, appointment of the petitioner as a teacher and his counseling by the District Teachers Employment Appellate Authority was under cloud. The Appellate Authority, on consideration of the entire facts, directed employment unit to take steps to ensure counseling of the petitioner. However, petitioner’s claim for payment of his salary was rejected on the ground that legality and validity of his appointment was under dispute. Hence, the instant petition.
The Court observed that as the petitioner was regularly working for respondent and they were taking benefit of his work, therefore he was entitled to his full salary. At the highest, on the basis of Appellate Authority’s observations, respondents might take an appropriate decision; but without taking any such decision against the petitioner, denial of his salary was impermissible. It was noted that there was no finding as to the invalidity of petitioner’s appointment. In view thereof, the petition was allowed directing the respondents to pay arrears of salary to the petitioner for the period that he had actually worked until a further decision as to the validity of his appointment is was reached. [Akhilesh Pandey v. State of Bihar, 2018 SCC OnLine Pat 2160, decided on 03-12-2018]