LAWS(JHAR)-2010-2-131

AKHIL JHARKHAND PRATHMIK SIKSHAK SANGH THROUGH ITS DISTRICT PRESIDENT, JAI PRAKASH DUBEY, Vs. THE STATE OF JHARKHAND AND ORS.

Decided On February 08, 2010
Akhil Jharkhand Prathmik Sikshak Sangh Through Its District President, Jai Prakash Dubey, Appellant
V/S
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

(1.) THE present petition has been preferred mainly for the reason that the petitioner No. 1, who is an association of teachers wants to disburse the salary of its members/teachers, every month, which is not allowed by the District Superintendent of Education, Singhbhum East. As there is no Headmaster with the concerned respondents -school and, therefore, the District Superintendent of Education, is paying the salary to all the teachers.

(2.) LEARNED Counsel for the petitioners has submitted that petitioner No. 1 wants to distribute the salary to their own teachers and the District Superintendent of Education cannot disburse the salary because there is no Headmaster with the respondents -school, as per Rule 148 of the Jharkhand Treasury Code. Learned Counsel for the petitioner has further submitted that the District Superintendent of Education cannot disburse the salary to the petitioners, every month because the powers have already been given to the Headmaster of the respective school by the District Superintendent of Education and the school where the petitioners are serving, there is no Headmaster and, therefore, the petitioner No. 1 wants to disburse the salary and for that this writ petition has been preferred.

(3.) AS a cumulative effect of the aforesaid facts and reasons, there is no substance in the writ petition, hence, the same is hereby, dismissed.