MEGHALAYA HIGH COURT ISSUES ORDER ON NOZRUL ISLAM V/S STATE OF MEGHALAYA AND ORS.

SHILLONG, India, Feb. 9 -- Meghalaya High Court issued the following judgment/order on Jan. 9:

1. This set of two writ petitions involving interconnected issues is taken up together for disposal.

2. In WP(C) No.248 of 2018, the petitioner has prayed for quashing and setting aside of the Resolution No.1,2,3 dated 02.03.2017, Minute dated 09.06.2017, Resolution No.1 dated 23.06.2017, Minute dated 29.06.2017 and 27.07.2017 of the Managing Committee of Lalmati SSA U.P School and also prayed for release of his salary w.e.f. November 2017.

3. In WP(C) No. 473 of 2019, the petitioner's challenge is against the action of the respondents in removing him from the post of the Assistant Teacher, Science and Mathematics, of Lalmati SSA U.P School and the appointment of the respondent No.7 in his place. A prayer has been made to interfere with the impugned orders dated 27.06.2017, 11.10.2017 and 16.01.2018 issued by the Jt. District Mission Coordinator, Dadenggre and also the Managing Committee Resolution dated 05.12.2017.

4. Heard Mr. H.L Shangreiso, learned Senior counsel assisted by Ms. D. Lyngdoh, learned counsel for the petitioner, Mr. K.P. Bhattacharjee, learned GA appearing for the respondent Nos. 1 - 4 and Mr. R Debnath, learned counsel appearing for the respondent Nos. 5 - 7. The learned counsels have also submitted their respective written notes of argument.

5. The fact of the case, as can be revealed from the averments made in the writ petitions, is that the petitioner was appointed as the Assistant Teacher of Science and Mathematics in Lalmati SSA U.P School vide appointment letter dated 02.05.2014 pursuant to a Resolution dated 25.04.2014 of the Managing Committee of the School and accordingly, he joined the post by filing a joining report on 05.05.2014. The said appointment was provisionally approved by the Jt. District Mission Coordinator by order dated 22.06.2016. However, the petitioner had to approach this Court by filing WP(C) No.301 of 2016 for a direction to release his pending salary w.e.f. 05.05.2014 i.e. the date of his joining the service. The said writ petition was withdrawn by order dated 10.11.2016 on the basis of a deed of agreement dated 28.10.2016 executed between the petitioner and the respondent No.7 and, thereafter, the pending salary of the petitioner was paid w.e.f. July 2015 to October 2017. Despite release of the pending salary on the basis of the said agreement, the respondents again stopped payment of salary to the petitioner w.e.f. November 2017 onwards. The petitioner had submitted representation to the District Mission Coordinator, Tura, requesting him to look into the matter, however, no action was taken.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WifWTsyh4O4rxv9QHYSbozJ6Ab%2Fl8JTaHLHNuvexo118&caseno=WP(C)/473/2019&cCode=1&cino=MLHC010012192019&state_code=21&appFlag=)

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