SUKANTI BHOI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has called in question the legality and validity of the order dated 19.5.1992 (Annexure-P/3) and the order passed by the Pension Redressal Committee on 9.9.2009 (Annexure-P/7) whereby the petitioner's late husband Rameshwar Bhoi was brought to the lowest grade in the scale of Assistant Teacher and has been denied pensionary benefits by the Pension Redressal Committee. For brevity the petitioner's late husband would be referred hereinafter as 'the petitioner'.

(2.) Bare minimum facts as would be necessary for disposal of the writ petition are that the petitioner was appointed as Assistant Teacher on 20.9.1959 in the School Education Department of the State Government and was posted at Kendra Shala, Jhalak Taurenga, District Mahasamund. He was later on transferred to the Primary School, Bharseli, District Raipur on 30.7.1980, however, the said post was occupied by another teacher, therefore, the petitioner was not allowed to assume charge at Bharseli. The petitioner returned without joining and made representation but when no action was taken, he threatened to go on hunger strike. Therefore, in a haste, his services were terminated on 7.3.1991 without holding enquiry.

(3.) The order of termination was successfully assailed in OA No.1810/91, in which the Tribunal passed an order on 23.9.91 to quash the order of termination. The petitioner was allowed to join on 19.5.92 (Annexure- P/3), however, it was directed that the petitioner shall get minimum of the pay scale of Assistant Teacher.