An order dismissing a writ petition on technical grounds, such as being misconceived, will not operate as res judicata in respect of a subsequent proceeding filed on the self-same subject matter removing the obstructing technicalities.

JUDGMENT

1. Aggrieved by the non-payment of honorarium to him the petitioner by preferring this writ petition seeks direction upon the concerned respondent authorities to release honorarium to him as a Samprasarak of a Madhyamik Shiksha Kendra since May, 2011.

2. This writ petition has a chequered background which in a nut shell may be stated as under:

The petitioner Md. Selim passed Madhyamik examination in the year 1993 and higher secondary examination in 1995. He obtained B.A degree in 1998. An advertisement vide memo dated 16.10.2008 was published by the Secretary of Fatepur Madhyamik Shiksha Kendra inviting applications from eligible candidates for engagement of two Samprasaraks- one in english and the another in bengali in the Shiksha Kendra. The petitioner having requisite qualification applied for engagement as a Samprasarak in the said Shiksha Kendra. By a resolution dated 03.11.2008 adopted by the Managing Committee of Fatepur Madhyamik Shiksha Kendra the petitioner was selected as a Samprasarak in english. Thereafter, the managing committee forwarded the proposal of his engagement to the Siksha-Sanskrity-Tathya-O-Krira-Sthayee-Samity of Suti –I Panchayat Samity for approval. After the proposal was approved, the Secretary of the Managing Committee of the Shiksha Kendra issued the engagement letter dated 03.11.2008 to the petitioner. In terms of the engagement letter the petitioner joined his duty as Samprasarak in english in the said Kendra on the same date i.e 03.11.2008.

3. Subsequently, the Siksha-Sanskrity-Tathya-O-Krira-Sthayee-Samity of the said Panchayat Samity in its meetings held on 26.09.2008 and 27.11.2008 postponed the approval to the selection of the petitioner and one Rafiqul Hasan who was engaged as Samprasarak in bengali of the Shiksha Kendra. However, Siksha-Sanskrity-Tathya-O-Krira-Sthayee-Samity in its subsequent meeting held on 25.06.2009 approved the selection of the petitioner and vide resolution dated 02.09.2009 approved the service of the petitioner as Samprasarak in english.

4. Pursuant to such approval he got honorarium for his service up to the month of April, 2011.

5. All on a sudden the honorarium of the petitioner was stopped. The petitioner came to learn from the respondent authorities that one Rafiqul Alam by preferring a writ petition being WP No. 9615(W) of 2010 challenged the selection and engagement of the said Rafiqul Hasan as Samprasarak in bengali in the said Shiksha Kendra. Ultimately, the writ petition was dismissed on 14.07.2010 recording therein that selection to the post of Samprasark in bengali of Fatepur Madhymik Shiksha Kendra has been stayed by the resolution dated 27.11.2008. To give honour to the solemn order of this High Court the Additional Executive Officer, Murshidabad Zilla Parishad vide memo dated 29.09.2011 passed a direction to this extent that no effect would be given to the engagement of Rafiqul Hasan.

6. The concerned respondent authorities, banking upon the memo dated 29.09.2011 stopped the honorarium of the petitioner. The petitioner submits that the Memo dated 29.09.2011 has no nexus with his engagement.

7. The petitioner submits that being misled by wrong advice he filed a writ petition being WP No. 21105 (W) of 2011 with Rafiqul Hasan challenging the said Memo dated 29.09.2011 instead of challenging the purported actions of the respondents in not releasing honorarium to him. But, the writ petition filed by them was dismissed on 05.07.2012.

8. The petitioner states that the writ petition being WP No. 9615(W) of 2010 was filed challenging the engagement of one Rafiqul Hasan as a Samprasarak in bengali and the writ petition was dismissed in the light of a resolution dated 27.11.2008 of Siksha-Sanskrity-Tathya-O-Krira-Sthayee-Samity. The petitioner was not a party to this writ petition. In terms of the order dated 14.07.2010 passed in this writ petition, the Additional Executive Officer of Murshidabad Zilla Parishad by Memo dated 29.09.2011 directed that no