Anju Kumari vs State Of HP And Ors

Sandeep Sharma, J

Since despite there being clear-cut directions issued by respondent No.2, the Director, Elementary Education to the Government of Himachal Pradesh, Shimla, to release due and admissible salary for the month of July, 2014, respondent No.4 i.e. Principal Government Senior Secondary School Panarsa, District Mandi, failed to release the salary of the petitioner for the month of July, 2014, petitioner was compelled to approach the Erstwhile HP State Administrative Tribunal by way of OA No. 1832 of 2015, which after abolishment of the same, now transferred to this Court for adjudication.

Precisely, the facts which are necessary for adjudication of the controversy at hand are that petitioner was appointed as TGT Non-Medical in January, 2011 on contract basis at Government High School Aut and since then, she is continuously working there. Summer vacation started in the School on 25.6.2014 and same were to continue till 30.7.2014, but during this period, department of Education advertised post of Post Graduate Teacher on contract basis. Petitioner being eligible to be appointed as Post Graduate Teacher applied for the same after having obtained necessary permission from respondent No.3 and she was selected. Pursuant to appointment letter issued in her favour, whereby she was asked to join Government Senior Secondary School Gumma, upto 5.7.2014, petitioner without resigning from earlier post i.e. TGT Non-Medical, against which she was working since 2011 at Government High School Aut, submitted her joining at GSSS Gumma on 1.7.2014. Though petitioner submitted joining report on 1.7.2014, but did not resign from the post of TGT Non-Medical at GHS Aut before joining GSSS Gumma.

Since petitioner was not given salary for the month of July, 2014, she submitted an application for release of salary for the month of July, 2014, whereafter she was served with show cause notice dated 31.7.2014, by the Head Master, Government High School Aut, District Mandi, whereby she was asked to explain her position. Vide aforesaid show cause-notice, petitioner was called upon to explain that why she joined as PGT at GSSS Gumma without resigning from her earlier post i.e. TGT Non-Medical at GHS Aut. Head Master having perused reply submitted by the petitioner to the aforesaid show cause notice, warned the petitioner to be more careful in future, meaning thereby matter was closed then and there. However, fact remains that despite passing of aforesaid order, salary of the petitioner for the month of July, 2014, was not released and she kept on working against the post of TGT Non-Medical at GHS Aut regularly and as such, she again requested respondent No.4 to release her salary, who in turn informed that her case has been sent to office of respondent No.3 i.e. Deputy Director Elementary Education, Mandi, District Mandi. Respondent No.3 sent a letter dated 7.8.2014 to respondent No.2 with regard to joining resignation and rejoining of the applicant and in response to aforesaid communication, respondent No.2 i.e. Director vide letter dated 15.9.2014 (Annexure A3) informed the Deputy Director Elementary Education Mandi that since warning has been issued to the petitioner, matter can be settled at your own level and due and admissible salary may be released to the petitioner as per rules after performing all the codal formalities. Pursuant to aforesaid letter dated 15.9.2014, respondent No.3 vide letter dated 20.9.2014 (Annexure A-4) directed respondent No.4 to release the salary of the petitioner after completion of codal formalities.

Though in compliance to aforesaid letter dated 20.9.2014, salary for the month of August, September, and October, was released, but no salary was released for the month of July, 2014 and as such, petitioner again made a representation to the Head Master GHS Aut, in the month of November, 2014. Head Master vide letter dated 5.2.20215 forwarded the representation of the petitioner to respondent No.4, who vide letter dated 20.2.2015, informed the Head master that there were no direct orders from the higher authority for drawing the salary of the applicant for the month of July, 2014 and as such, he is not in position to draw the salary of the petitioner for the disputed period. Hence this petition.

Having heard learned counsel for the parties and perused material available on record, this Court finds that admittedly, petitioner during the subsistence of her earlier contract, whereby she was serving as TGT Non-Medical at GHS Aut, submitted her joining as PGT at GSSS Gumma on 1.7.2014. It is also not in dispute that before giving her joining at Gumma, petitioner did not resign from the post of TGT at GHS Aut. It is also not in dispute that petitioner before entering into new contract at Gumma pursuant to her appointment to the post of PGT submitted her resignation and resumed her earlier duties at GHS Aut. No doubt, petitioner before joining at GSSS ought to have either sought permission from the Head Master GHS Aut or should have resigned from the earlier post, but once she on account of her aforesaid mistake was served with show cause notice and Head Master GHS Aut after having perused her explanation warned her to be more careful in future, there is/was no occasion for the authorities to stop her salary for the Month of July, 2014, especially, when there is no dispute that during the period, she remained on the rolls of GHS Aut. Petitioner though joined at GSSS Gumma on 1.7.2014, but resigned next date i.e. 2.7.20144, whereafter she was allowed to resume her duties at GHS Aut without there being any objection.

It is quite apparent from the pleadings adduced on record by the respective parties that petitioner continued to work at GHS Aut after July, 2014 and till today, she is teaching in the same school. As per own case of the respondents, respondents in compliance to letter dated 20.9.2014, issued by respondent No.3 released the salary for the months of August, September and October, 2014 in favour of the petitioner, but since her salary for the month of July, 2014 was not released, she again requested the Head Master GHS Aut to do the needful, who vide letter dated 5.2.2015, forwarded the representation of the petitioner to respondent No.4. Vide letter dated 20.2.2015, respondent No.4 informed the Headmaster that there were no direct orders from the higher authority for drawing the salary of the applicant for the month of July, 2014.

Having carefully perused communication dated 20.2.015, this Court is of the view that petitioner after having joined against the post of PGT Gumma resigned on 2.7.2014 and thereafter continued to be employed at GHS Aut for all intents and purposes. There is no material worth credence available on record that pursuant to petitioner's joining at GSSS Gumma, her services at GHS Aut were terminated, rather Head Master GHS Aut, while allowing her to resume duties warned her to be more careful in future.

Leaving everything aside, once Director Elementary Education, vide communication dated 15.9.2014 had clarified that since warning stands issued to the concerned teacher, her due and admissible salary may be released as per rules, respondent No.4 could not have refused to release salary of the petitioner for the month of July, 2014, especially when she was paid salary for the months of August, September and August, 2014. Objection raised by the Principal GSSS Panarsa vide communication dated 25.2.2015, is wholly untenable because Director Elementary Education had categorically directed the authority concerned to release the salary of the petitioner for the period in question. Needless to say, respondent has/had no right to sit over the order passed by the superior authority i.e. Director Elementary Education, who admittedly having carefully examined the case of the petitioner directed for release of salary for the month of July, 2014.

Consequently, in view of the detailed discussion made herein above, present petition is allowed and respondents are directed to release the salary for the month of July, 2014 in favour of the petitioner alongwith up-to-date interest within a period of four weeks. Present petition stands disposed of, so also pending applications, if any.