LAWS(JHAR)-2012-8-45

KIRAN AGRAWAL Vs. STATE OF JHARKHAND

Decided On August 07, 2012
KIRAN AGRAWAL Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) PETITIONER, who was working as Assistant Teacher, has claimed salary for the period w.e.f. 01.01.1996 to 08.01.1999. Petitioner had earlier filed W.P.(S) No.3196 of 2003, which was disposed of by this Court vide order dated 09.07.2003. Order dated 09.07.2003 reads as under:

(2.) IN compliance of the order passed by this Court dated 09.07.2003, Regional Deputy Director of Education, Palamau has considered the matter and was pleased to reject the claim of the petitioner, vide order dated 08.12.2003. Regional Deputy Director of Education, Palamau, in the impugned order, has observed that District Superintendent of Education, Palamau has not placed on record any document, to prove that transfer order was ever served on the petitioner, nor any postal receipt was placed before him to prove that transfer order was sent by registered post. However, he observed that there is no proof that petitioner remained attached in the office of District Superintendent of Education, Palamau. Petitioner has filed Attendance Register as Annexure 1 to the writ petition to show that petitioner remained present in the office of District Superintendent of Education, Palamau and has signed the attendance register. In the counter affidavit, stand taken by Respondent No.4 is that petitioner has managed to prepare the fact, on record, to prove the period of absence, i.e. 01.01.1996 to 08.01.1999, as on duty. Perusal of the counter affidavit, suggests that there is no specific denial or challenge to Annexure 1. Respondents are not contending that Attendance Register (Annexure 1) is manufactured, fabricated and bogus document. From the perusal of Annexure 1, it is clear that petitioner remained present in the office of District Superintendent of Education, Palamau w.e.f. 01.01.1996 to 08.01.1999.