BHULAN RAM Vs. THE INSURANCE OMBUDSMAN

JUDGEMENT

(1.) Annexure-7 is the order passed by the District Teachers Employment Appellate Authority and is dated 11.12.2012. By virtue of this order, not only the case filed by one Amaresh Kumar Amar was dismissed but even intervention filed on behalf of the petitioner and some other candidates came to be rejected.

(2.) In the second phase appointment of Panchayat Teachers for which certain exercise was done and initiated it is the case of the petitioner that they were duly appointed by the Gram Panchayat Raj, Jainagar Basti, Block-Jainagar, District Madhubani by the Panchayat Secretary after following the process. This appointment was done in the light of Annexure-3, the directive issued by one District Superintendent of Education. However, while this petitioner was performing her duty a communication was made by the Block Education Officer directing the Principal of the school in question to restrain the petitioner and other similarly appointed from performing their duty, mark their attendance etc. It was because of the said communication that one of the candidate approached the District Teachers Employment Appellate Authority and the petitioner with some others intervened.

(3.) In the proceeding, which was conducted by the District Teachers Employment Appellate Authority, a clear and categorical assertion was made on behalf of the Block Education Officer that there were no vacancies available for any appointment in the said Panchayat. Still the Panchayat Secretary has made six appointments surreptitiously. He did not provide any inputs or information of such appointments so made and the said Panchayat Secretary refused to respond to the explanation sought by the Block Education Officer as well as even before the District Teachers Employment Appellate Authority. The finding of the Tribunal therefore, is that there is no material to establish that there were vacancies in the said Panchayat, which were required to be filled up. However, the Block Education Officer did accept the position that there was one backlog vacancy, which was for unreserved female category and no other vacancy exists, which was required to be filled up.