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PRABHAT KUMAR SINGH
Sohan Kumar – Appellant
Versus
State of Bihar – Respondent
Prabhat Kumar Singh, J.—Writ petition has been filed for directing the concerned authorities to make payment of wages/salary to the petitioners from June, 2016 to till date for their continuous works against the respective posts.
2. Learned counsel for the petitioners submits that after joining in May, 2015, petitioners were getting salary on regular basis till May, 2016 but the authorities have not paid them salary from June, 2016 till date though they rendered continuous work. Grievance of these petitioners is that they have not been paid their salary without any valid and reasonable ground only on the apprehension of supplying forged and fabricated academic certificates, despite the fact that they are working continuously against their respective posts. Learned counsel further submits that the issue regarding non-payment of salary with respect to other similarly situated persons, was subjected to judicial scrutiny before this Court in C.W.J.C.No. 7648/2020. In the said case, on the direction of the Court, the Additional Chief Secretary, Education Department issued letter dated 8.7.2022 with clear direction not to stop or withhold salaries of teachers in any condition/circumstance
Salaries of public employees cannot be withheld without valid justification; entitlements must be honored for duties performed.
The principle of 'no work no pay' cannot be applied when employees are prevented from working due to the employer's fault, and salary recovery orders are arbitrary if appointments are valid.
The court reinforces the necessity of training for teachers under the Right to Education Act, affirming termination for non-compliance.
The obligation of the Management Committee to observe the provisions of the Delhi School Education Act and the irrelevance of financial hardship for non-compliance with statutory mandates.
Educational authorities must not unlawfully withhold salaries from teachers based on lack of formal approval when past judgments support salary entitlement.
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