Rajeev Ranjan Prasad, J. – This writ application has been filed seeking the following reliefs: –

“(i) For commanding the respondent authorities to pay the due salary of the petitioner since 11.09.2015 to till date with admissible interest.

(ii) For setting aside the office order vide memo no.1346/Jamui dated 02.09.2019 (Annexure-14) passed by the District Programme Officer (Establishment), Education Department, Jamui (respondent no.5) whereby and whereunder the grievance of the petitioner for payment of his due salary has been rejected on baseless ground only because due to non-fulfillment of his illegal demand and further be pleased to stay the aforesaid Annexure-14 during pendency of the instant case.

(iii) For commanding the higher authority to take immediate action against the respondent no.5 or send him jail, who has misled this Hon’ble Court, if there is no fault on the part of the petitioner.”

2. During the pendency of this writ application, I.A. No.1 of 2020 has been filed by which the writ application has been sought to be amended praying for the following reliefs: –

“(a) For setting aside the Memo no.02/Dulampur dated 27.01.2020 (Annexure-19 to this application) issued under the signature of the Panchayat Secretary-cum-Panchayat Teacher Niyojan Ekai, Dulampur, Chakai, Jamui (Respondent no.9) whereby and whereunder appointment of the petitioner on the post of Panchayat Elementary Teacher on 31.08.2015 (Annexure-2 of the writ petition) has been cancelled.

(b) For commanding the higher authority to take immediate action against the respondent nos. 5 and 6 who have harassed the petitioner intentionally due to non-fulfilment of their illegal demand and further be pleased to grant heavy cost of Rs.50,000/- each against the respondent nos.5 and 6 respectively, payable to the petitioner, if there is no fault on the part of the petitioner.”

2A. The I.A. is of the year 2020, there is no opposition to treating it as part and parcel of this writ application, hence, it is allowed.

3. The writ application as well as interlocutory application have been heard together.

Brief Facts

4. It is the case of the petitioner that he had passed his secondary level in the West Bengal Secondary Examination, Madhyamik Pariksha, 2005 in second division and the intermediate examination in the year 2008 from Jharkhand Academic Council, Ranchi in first division.

5. In the writ application, there is no statement at all with regard to any advertisement and/or an application, if any, made by the petitioner under advertisement for appointment as Elementary Panchayat Teacher. The petitioner has made a statement straightaway in paragraph ‘5’ of the writ application that the District Education Officer, Jamui (respondent no.6) vide his letter no.836 dated 08.08.2015 sent to the Panchayat Sachiv of the concerned employment unit a merit list of the selected Elementary Panchayat Teacher after verification by the enquiry committee. Annexure- ‘1’ to the writ application is a copy of the letter no.836 dated 08.08.2015 from which it appears that in the 4th phase of teachers employment during the year 2014-15, the final merit list of the concerned employment unit had been sent for verification and the same was being returned by the then District Education Officer, Jamui to the Panchayat Secretary. The reference of letter sent by the employment unit to respondent no.6 is not mentioned in Annexure- ‘1’. Several instructions have been given vide Annexure- ‘1’ and one of them is that the concerned employment unit shall examine/verify the teachers eligibility test certificate of the candidates and only thereafter appointment letter shall be issued.

6. The letter (Annexure- ‘1’) contains a stipulation that there is a direction from the department to complete the selection process according to modified time schedule. A copy of the list enclosed with Annexure- ‘1’ would show that the final merit list of Panchayat Dulampur in Block-Chakai, District- Jamui pertains to the panchayat te