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S. N. PATHAK
Jitendra Kumar son of Ram Prakash Pathak – Appellant
Versus
State of Jharkhand through its Chief Secretary, Ranchi – Respondent
JUDGMENT :
Heard the parties.
2. The petitioners have challenged the order contained in Memo No. 583 dated 29.03.2023, whereby the District Superintendent of Education, Deoghar has directed the petitioners to refund the amount of salary which has been paid to them for the period they were not in service on the ground that certificates of the petitioners have not been verified. The corrigendum contained in Memo No. 596 dated 31.03.2023 to the office order dated 29.03.2023 is also under challenge, by which District Superintendent of Education, Deoghar has modified the office order to the extent that the basis of salary payment order issued vide office order no. 416 dated 03.03.2023 in light of letter No. 595 dated 13.08.2021, mentioned in Directorate letter No. 2564 dated 7.12.2022, is not covered by the judgment passed on 10.12.2019 in L.P.A. No. 793 of 2018.
3. Briefly stated, the petitioners were appointed on the post of Assistant Teachers in different subjects in the district of Deoghar, pursuant to Advertisement No. 04 of 2015. It is further case of the petitioners that though their appointments were cancelled, but after the order and direction passed by this Court in several writ
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 doctrine of relation back applies in service matters, allowing for retrospective salary payments to employees whose initial appointments are validated despite previous administrative interruption....
The court emphasized the necessity of providing opportunity for hearing before imposing salary recovery, asserting that such orders without notice are illegal.
Release of salary must be based on valid grounds; previous orders halting payments invalid after their resolution.
The court clarified the employment status of the petitioner and directed verification of salary arrears computation, emphasizing the need for proper documentation.
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