KANTI KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners have approached this Court for a direction upon the respondents to allow them to work to the post of Chowkidar who have been discontinued from service pursuant to Memo No. 129 dated 25.04.2013 on the ground that they had not submitted Class X pass certificate as per the requirement. Further, prayer has been made for quashing /exempting eligibility criteria as contained in Clause 8 of Resolution No. 1859/ Finance dated 02.09.2011 with respect to the petitioners. Further, prayer has been made for a direction upon the respondents to make the payment of unpaid salary to the petitioners for the period during which they have worked.

(2.) The factual exposition as has been delineated in the writ petition is that the Deputy Commissioner, Chatra vide Memo No. 673 dated 29.11.2011 appointed the petitioners along with one another on the vacant posts of Chowkidar on compassionate ground in view of the decision of the Establishment Committee dated 29.11.2011 in the pay scale of Rs.4470-7440/- +GP 1300/- along with admissible allowances in terms of Letter No. 11287 dated 20.12.1995 issued by the Department of Home (Police), Govt. of Bihar. Thereafter, the petitioner submitted relevant documents in the General Section, Office of the Deputy Commissioner, Chatra. The petitioners submitted their joining pursuant to the said memo to the said post in Circle Office, Tandwa and Vide Memo No. 460 dated 13.12.2011, the Circle Officer, Tandwa relieved the petitioners for joining in Tandwa Police Station within 24 hours. The petitioner after joining in Tandwa Police Station worked with the satisfaction of the respondents. It is further the case of the petitioners that on 08 th of November, 2012, the petitioners were directed to submit 10 th Pass certificate as per the requirement for Group D post in terms of Resolution No. 1859/Finance dated 02.09.2011, failing which their services will be terminated and Circle Officer, Tandwa was also informed to stay the payment of the petitioners till next order and copy of the same was also provided to Officer-in-Charge, Tandwa Police Station and District Treasury Officer, Chatra for information and necessary action. The petitioners were again directed vide Memo No. 129 dated 25.04.2013 by the Officer- In-Charge, General Section-cum-District Magistrate, Chatra to furnish 10 th Pass Certificate in General Section, within one month of issuance of letter, failing which their services will be terminated per as the Resolution No. 1859/Finance dated 02.09.2011. Pursuant thereto, the petitioners could not submit the said certificate as they were Class VIII pass and consequently, the respondents dis-engaged them from the services and they were not allowed to work to the post of Chowkidar. However, till date no letter of termination has been issued, but petitioners have been dis- engaged and not allowed to work to the said post and their salaries have not been paid. The petitioners, being aggrieved by the same, made several representations, but no heed was paid and as such, they have been constrained to knock the door of this Court.

(3.) Mr. Sudhir Kumar Sharma, learned counsel for the petitioner submits that admittedly, the petitioners are Class VIII pass and they were appointed on compassionate ground on account of death of their respective husbands, who were Chowkidar in the year, 2007 and 2009 respectively. The petitioners are women and members of Scheduled Caste and have furnished 8 th Pass Certificate at the time of their appointment on compassionate ground made vide Memo No. 673 dated 29 th November, 2011 to the vacant posts of Chowkidar in view of Letter No. 11287 dated 20.12.1995 issued by the Department of Home (Police), Govt. of Bihar. Learned counsel further argues that it was the decision of the Establishment Committee dated 28.06.2011 to appoint the petitioner on compassionate ground and the petitioners, by following the procedures, have been appointed and they discharged their duties satisfactory. He further submits that Resolution No. 1859 /Finance dated 02.09.2011 issued by the Govt. of Jharkhand, which contemplate that Educational Qualification for Group D post is 10 th pass is not applicable in the case of the petitioners as any notification can have prospective effect, but cannot be implemented retrospectively. The petitioners were appointed pursuant to the decision of Establishment Committee dated 28.06.2011 on vacant and sanctioned posts of Chowkidar on compassionate ground in terms of Memo dated 20.12.1995.