Devendra Kumar Upadhyaya, J. - (1.) UNDER challenge in the instant writ petition is the order dated 24.04.2008 passed by District Basic Education Officer, Ambedkar Nagar whereby salary of the petitioner has been ordered to be stopped.
(2.) IT so happened that the petitioner was given compassionate appointment on the post of untrained Assistant Teacher vide order dated 24.04.2003 which has been annexed as annexure no.2 to the writ petition. After his appointment, the petitioner has been discharging his duties on the said post and has also undergone the requisite BTC Training in the year 2005. A copy of certificate of the said training has been annexed as annexure no. 3 to the writ petition. Thereafter, it appears that some complaint was made by one Sri Ram Jiyawan that the petitioner has obtained appointment on compassionate ground on the basis of some misrepresentation that Smt Vimla Devi was the mother of the petitioner whereas Smt Vimla Devi was not his mother and hence the petitioner could not have been given appointment on compassionate grounds on the death of said Smt Vimla Devi. Learned counsel for the petitioner vehemently argued that without arriving at a conclusion as to whether the petitioner while being appointed on compassionate ground had misrepresented the authorities concerned, the impugned order stopping the payment of salary of the petitioner could not have been passed. He further stated that the relationship of employee and employer has not yet ceased for the reason that till date no order terminating the services of the petitioner has been passed nor any dismissal order has been passed and as such in absence of same, stoppage of salary of the petitioner merely on the ground of pendency of inquiry, was not justified.
(3.) LEARNED counsel for the petitioner has filed a copy of the report submitted by the Assistant Basic Shiksha Adhikari, Bhiti, Ambedkar Nagar which has been annexed as annexure no. 6 to the application dated 08.01.2012 moved by the petitioner. Learned counsel further submits that there is no material against him which could establish that he obtained appointment on misrepresentation. He also submits that even after passing of the order of stoppage of salary, petitioner was promoted as Assistant Teacher, Senior Basic School vide order dated 12.12.2010 which has been annexed as annexure no.4 to the writ petition.;