The main legal point established in the judgment is the requirement for evidence to support a salary claim and the influence of timing on entitlement to salary.

JUDGMENT :

MANOJ KUMAR TIWARI, J.

1. Petitioner was serving as Lecturer in a Government Aided Intermediate College, namely, Janta Inter College, Palli Khatli in District Pauri Garhwal, which is run by a Society and managed by elected Committee of Management. Post of Principal fell vacant in the said college and petitioner was given officiating charge as Principal. Ultimately, he was appointed as down grade Principal in the college, vide order dated 03.11.2012. Petitioner’s claim for salary for certain period is denied by the Additional Director on the ground that he did not serve the college during said period.

2. Petitioner had earlier filed Writ Petition (S/B) No. 469 of 2016, inter-alia, claiming salary for different period. The said writ petition was dismissed as withdrawn vide order dated 30.10.2017, with liberty to him to file fresh writ petition.

3. In the present writ petition, petitioner has sought following reliefs:

“(i) Issue a writ, order or direction in the nature of certiorari quashing the aside the decision taken by the Additional Director, Secondary Education, Garhwal Mandal Pauri vide meeting dated 06-10-2017 to the extent of declining the legitimate dues of the petitioner’s salary (as provided in the minutes of meeting dated 6-10-17, annexed as Annexure no. 24 to the writ petition).

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to forthwith release the dues of salary of the petitioner w.e.f. 09-06-2016 to 28-09-2016 and from 30-09-2016 to 6-10-2017.”

4. Learned counsel for the petitioner submits that based on false and motivated complaints, with forged signatures of girl students, petitioner was attached in the office of Block Education Officer vide order dated 01.09.2015, and thereafter in the office of Chief Education Officer vide order dated 03.09.2015 passed by respondent no. 4. He further submits that Enquiry Committee constituted to look into the allegations came to the conclusion that the complaints were made due to internal politics in the college and the allegations made against the petitioner are without any substance.

5. In view of petitioner’s exoneration by the Enquiry Committee, respondent no. 4 passed an order on 04.04.2016, whereby petitioner’s attachment was cancelled and he was relieved from the office of Chief Education Officer for joining duties in his college.

6. Against the relieving order, passed by respondent no. 4, petitioner made a representation to the Additional Director (respondent no. 3) on 06.04.2016, which was decided by respondent no. 3 vide order dated 09.06.2016, by holding that order dated 04.04.2016 passed by respondent no. 4 does not need any interference and competent authority was directed to release petitioner’s outstanding salary, within a month.

7. Dissatisfied with the order passed by Additional Director, petitioner filed another representation on 10.06.2016, seeking review of the order dated 09.06.2016. Fate of said representation is not known. It is a fact that petitioner was relieved for joining duties in his college on 04.04.2016, however, in view of petitioner’s representation to the Additional Director, his relieving was kept in abeyance and petitioner was relieved from the Office of District Education Officer only on 09.06.2016.

8. It is not in dispute that salary for the period during which petitioner remained attached, in terms of the orders passed by respondent no. 4 on 01.09.2015 and 03.09.2015, has been released to him. Now, dispute is regarding salary for the period between 09.06.2016 to 28.09.2016 and 30.09.2016 to 06.10.2017, i.e. after petitioner’s relieving from the office of Chief Education Officer.

9. The Additional Director, Pauri passed an order on 06.10.2017 regarding salary and held that since petitioner did not report for duty in the college after Additional Director’s order on his representation, therefore, he is not entitled to salary between 09.06.2016 to 06.10.2017, except one day i.e. 29.09.2016 when he v