GEETA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been preferred by petitioner for direction on the respondents to publish the gradation list of empanelled candidates and the position of vacancies for appointment to the post of Assistant Teachers in Primary and Middle Schools in terms with the Supreme Courts decision as given in SLP (Civil) No. 1005/90.

(2.) IT will be evident from the enclosures attached to the writ petition that advertisements were published in local newspaper in the year 1981 -82 in pursuance of which certain appointments were made to the post of Assistant Teachers. Their services were subsequently terminated against which the candidates moved before the High Court and thereafter before the Supreme Court in SLP No. 11699/90 and analogous cases. The Supreme Court vide judgment and order dated 7.2.1991 taking into consideration that the services of many of the persons have been terminated and some of the persons were working under the Courts order, directed the State to hold a fresh selection within three months and not beyond the period of 30.6.1991 and then to follow the High Courts order. It was observed that in considering the suitability for selection, the Rules which were in force at the time the Teachers were recruited should be taken into account and disqualification shall not be imposed on the basis of any altered Rule. The bar of age was ordered to be relaxed and those teachers were served in the post but there has been a break in service on account of termination was ordered to provide with past service both in regard to the payment of salary and seniority and other service benefits, if subsequently appointed on fresh selection.

(3.) IT appears that thereafter fresh selection took place and panel was prepared, Certain appointments were made but no offer of appointment having issued in favour of petitioners, this application has been preferred for publication of merit list (wrongly stated as gradation list in the writ petition).