The principle that no individual can benefit from their own wrongdoing is upheld in the context of administrative decisions regarding salary disbursement.

JUDGMENT :

PURNENDU SINGH,J.

1. Heard learned counsel appearing on behalf of the petitioner and the learned counsel for the State.

2. The present writ petition was filed in the year, 2021. The petitioner has sought following relief(s) in paragraph no.1 of the writ petition : -

“That this is an application for issuance of a writ in nature of certiorari to quash the order as contained in Memo No. 608 dated 20/7/2020 issued under the signature of the Director, Primary Education, Bihar, Patna whereby and where under the legitimate claim of the petitioner for payment of arrears of salary has been rejected by a cryptic order on the nonest ground without applying mind and without considering the order passed by this Hon'ble Court in similar matter.

And for issuance of a consequential Writ in the nature of mandamus commanding and directing the respondent authorities to pay the arrears of salary to the petitioner with effect from the date the other similar persons have been given or at least with effect from the date on which the services of the petitioner has been approved and direction was issued for payment of salary by the Director, Primary Education i.e. with effect from 27/7/1988 to February 2006 and to give all other consequential benefits such as statutory interest on the arrears of salary which has been withheld by the respondents without any reason along with cost of litigation. And/or issue any other appropriate Writ/Writs, direction/directions, order/orders which the petitioner may be found just and proper for the ends of justice in the facts and circumstances stated hereunder.”

3. The claim of the petitioner is that his case is covered by the order dated 01.08.2014 passed in CWJC No.8903 of 2010 and order dated 28.07.2010 passed in CWJC No.1489 of 2010. Both the orders have been brought on record by way of Annexure ‘15’ and ‘15/1’ respectively.

4. I have perused both the orders, on which the petitioner is relying. The case of the petitioner is identical to the petitioner of CWJC No.1489 of 2010, wherein a direction was issued to the Director, Primary Education to pass necessary order for payment of arrear of salary for the period in question.

5. The petitioner has also claimed that his appointment is prior to 01.01.1971. He had joined the School on 17.11.1969 and as per the provision of Bihar Non-government Elementary School (Taking Over of Management and Control), Act, 1976 (hereinafter to be referred as the ‘Act, 1976’), the approval of the service of the petitioner was required. The petitioner had represented before the District Education Officer that he had given his joining in the concerned School on 17.11.1969 but the said representation has not been considered. On these grounds, the petitioner seeks interference of this Court that he is also entitled to be given the similar relief in terms of CWJC No.1489 of 2010.

6. Counter affidavit has not been filed.

7. Mr. Kumar Kamal Nayan, learned counsel has represented the State Government and he has taken notice of Memo No.1720 dated 27.07.1988, which was communicated to the Regional Deputy Director of Education, Koshi Division, Saharsa in respect of the cut of date and from the impugned order contained in Memo No.608 dated 20.07.2020, which has been taken into consideration by the Director, Primary Education, who has also appreciated the fact that the petitioner has given his joining on 17.11.1969, however, in want of approval of the State Government, as per the provisions of Act, 1976, the case of the petitioner was rejected.

8. Heard the parties.

9. Having considered the rival submissions made on behalf of the parties, I find that the order impugned contained in Memo No.818 da