CAV JUDGMENT

Date :09-07-2024 Heard Mr. Basant Kumar Choudhary, learned Senior Counsel for the petitioner assisted by Mr. Shashi Bhushan Kumar, learned advocate, and Mr. Madanjeet Kumar, learned counsel for the State.

2. The present writ petition has been filed seeking the following reliefs:

“(i) To direct the Respondent authority to pay the arrears of salary as well as current salary to the petitioner with effect from September 2019 to till date.

(ii) To quash memo no. 1398 dated 10.05.2024 issued by the District Programme Officer (Eatablishment), Khagari, whereby and whereunder in the light of State Appellate Authority order dated 06.05.2024 passed in Appeal no. 32/2023, a follow up order issued by which directed to the Panchayat Employment Unit to take action regarding removal from service to the petitioner and also direct the headmaster stopped, the attendance of the petitioner on attendance register with immediate effect. A copy of memo dated 10.05.2024 is annexed herewith and marked as Annexure-P/1 to this application.

(iii) To further direct the Respondent Authority not to disturb the Petitioner to discharging his duty as a Panchayat Teacher in Kanya Primary School Meghauna, Block Alouli under Khagaria District.

And/or any other appropriate relief(s) to the petitioner for which he may be found entitle under the facts and circumstances of the case.”

3. Having heard learned counsel for the parties and for the reasons stated in the interlocutory application, the interlocutory application no. 02 of 2024 is allowed and the reliefs prayed in this interlocutory application shall also be treated as a part of the relief prayed in the main writ petition.

4. The petitioner’s case, in short, is that he was appointed as Panchayat Teacher on 14.08.2010. Subsequently, he was transferred to another school in year 2014. A complaint was filed before Chairman, District Board alleging that Moulvi fokania and matriculation certificates of the petitioner had different dates of birth. The petitioner has asserted that this statement was totally incorrect and without proper verification or enquiry payment of his salary has been stopped since September, 2019. Vide letter dated 09.09.2019. The authority recommended to the Employment Unit to take necessary action against petitioner. It is stated in impugned order passed by learned District Appellate Authority that petitioner never appeared and passed matriculation examination, rather matriculation certificate was of his elder brother Md. Arshad Ali, who has died in 2009 and regarding Bastania and Fokmania certificates correct date of birth had been mentioned in the admit card. But in certificates date of birth of petitioner has been wrongly mentioned as 05.02.1980. The petitioner approached Madrasa Board twice for a correction but no correction has been yet made.

5. Learned Senior Counsel for the petitioner submits that the petitioner was employed on 14.08.2010 by concerned Panchayat Secretary on the basis of Moulvi certificate equivalent to intermediate passed on 18.12.2007 from Bihar Madarsa Board, Patna. The petitioner passed Bastania degree equivalent to Class-VIII in 2003 with date of birth of 05.02.1990 and further passed Fokania degree equivalent to matriculation from Bihar Madarsa Board on 26.04.2005 with date of birth of 05.02.1990. These dates of birth were given on admit card but on the certificates of Bastania and Fokania which are equivalent to class-VIII and matriculation respectively mentioned date of birth is 05.02.1980. The petitioner has passed Bastania examination in 2003. On admit card date of birth was rightly mentioned as 05.02.1990, but in marks sheet and certificate date of birth has wrongly been mentioned as 05.02.1980. The authority has stated that the matriculation certification of Md. Arshad Ali is in the name of the his elder brother and the petitioner has never appeared the matriculation examination. Md. Arshad Ali died on 10.12.2009 and a copy of death certificate has bee