Subsequent qualification can remedy initial deficiencies in hiring, ensuring rightful salary claims for discharged duties.

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

9 09-12-2025 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:-

“….. for issuance of an appropriate writ/directions for quashing the office order contained in Memo No. 89 dated 05.05.2022 issued by the District Programme Officer, Secondary Education and Literacy, East Champaran at Motihari whereby and whereunder the petitioner salary/stipend from 12.01.2015 till date as Jan Shiksha Swayam Sewak Talim Markaj date has been denied on the ground that the petitioner did not have requisite qualification of Intermediate at the time of appointment. The petitioner further prays to make payment of salary/stipend of Jan Shiksha Swayam Sewak Talim Markaj from 12.01.2015 till date to petitioner and make payment of salary/stipend on month to month basis and also grant any other reliefs for which petitioner is entitle in the facts and circumstances of the case.”

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner was appointed to the post of Jan Shiksha Swayam Sewak/Talim Markaj on 12.01.2015 in Rajiya Prathamik Vidyalaya, Braharpur, Harsiddhi, East Champaran and the petitioner has been discharging his duties. That at the time of his appointment, the petitioner was a matriculate and the selection of the petitioner was approved by the District Programme Officer (Literacy) East Champaran, Motihari vide Memo No. 18 dated 10.01.2015. That the petitioner, thereafter, completed his intermediate in the year 2016 and the District Programme Officer, Literacy, East Champaran on 01.06.2017 informed the B.E.O., Harsiddhi, East Champaran that the petitioner has passed his intermediate. That the petitioner along with another person filed CWJC No. 5172 of 2018 for payment of the salary and the said writ petition was disposed of vide order dated 18.07.2019 directing the District Programme Officer, East Champaran to verify the records and make the necessary payments to the petitioner, in case, it was found that the petitioner was validly appointed and has been working. The Block Education Officer vide explanation dated 18.09.2017 stated that 215 Tola Sewak/Jan Shiksha Swayam Sewak/ Talim Markaj were appointed including the petitioner and there was no irregularity. That the authority vide impugned order dated 05.05.2022 bearing Memo No. 89 has rejected the case of the petitioner for payment of the salary/stipend from 12.01.2015 till date solely on the ground that the petitioner did not have requisite qualification of intermediate at the time of his appointment. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been discharging his duties from 12.01.2015 till 05.05.2022 and thereafter the petitioner was not allowed to discharge his duties solely on the basis of the Memo No. 89 dated 05.05.2022. Learned counsel submits that a perusal of the above mentioned impugned memo challenged in the present writ petition clearly demonstrates that the claim of the petitioner for payment of the arrears of salary was rejected and the petitioner has not been dismissed from the service. Learned counsel submits that once the petitioner has acquired the requisite qualification, the initial deficiency in the qualification, if any, at the time of appointment will pale into insignificance and the authority cannot deny the salary on the said basis. Further, learned counsel for the petitioner has submitted that the petitioner has been discharging his duties from 2015 without there been any complaints from any quarters and prayed for allowing the present writ petition and also consequently di