- (1.) HEARD the p.ies.
(2.) THE facts of the case are that petitioners were appointed sometime in 1999 by the order of Chairman -cum -Ex -ecutive Officer, Madhupur Municipality on the post of Ward Jamadar, Road Collie and Sweeper (class IV posts) and they were getting salary regularly till February, 2002. In paragraph 26 of the writ application, it is stated that the Executive Officer, Madhupur Municipality verbally ordered to the Sanitary Inspector, Madhupur Municipality not to allow the petitioners to put their attendance on attendance register and stop payment of salary to them. Hence this writ application. A counter affidavit has been filed by the respondent/Municipality but the statement made in para 26 of the writ petition has not been denied. In that view of the matter, I have no doubt in mind to hold that such verbal direction stopping payment of salary is wholly illegal, mala fide and unjustified.
(3.) THIS writ application is therefore allowed and the respondents are directed to release the entire salary to the petitioners and also pay the current salary in accordance with law. Need less to say that if the appointments of the petitioners are illegal, the respondent/Municipality has right to proceed against them in the manner provided in law and pass appropriate order after following the principles of natural justice.;