TAPAN SEN,J. - (1.) IN this Writ Application the petitioner has made a prayer for quashing the Order as contained at Annexure -1 being an Order dated 17.8.1999 passed by the District Superintendent of Education, Deoghar (respondent No. 3) whereby and whereunder his salary was stopped on the ground that he was not maintaining his mother. According to the petitioner, the aforesaid impugned order has been passed purportedly as per order dated 21.11.1994 passed in Title Suit No. 82 of 1994 although according to that petitioner, the said Title Suit stood dismissed on 27.8.1995 for non -prosecution thereof. The petitioner has further prayed that a direction be issued commanding upon the respondents to immediately and forthwith release his withheld salary with effect from 17.8.1999.
(2.) ACCORDING to the petitioner, he was appointed on compassionate considerations as an Assistant Teacher whereafter he is working and presently posted as Head Master in the Primary School, Jagmandih, Sarwan in the District of Deoghar. The petitioner has stated that his father, late Shambhu Nath Jha died on 31.7.1979 whereafter the petitioner was duly appointed after following all formalities. The appointment was made by the District Establishment Committee in the year 1991. The petitioner has stated that his father died leaving behind his widow, five sons and a daughter. The daughter has been married into a well to do family and all the brothers are doing well in life. The petitioner's appointment came only after he had filed a writ petition at Patna. After his appointment, the petitioner has been doing his work satisfactorily.
(3.) HOWEVER in the year 1994 a dispute arose in the family when the petitioner declined to provide support to his brothers who were all self employed and engaged in different professions. Consequently these brothers caused a complaint to be filed by the mother of the petitioner making an allegation that he was not supporting her. Based on that complaint, the District Superintendent of Education, Deoghar stopped payment of salary to the petitioner by Annexure -1 to the writ application.;