MOINUDDIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Seeking quashing of order dated 06.09.2002 and 06.12.2002, the petitioner has approached this Court. The brief facts as narrated in the writ petition are that, in January, 1993 an advertisement was issued for filling up two posts of teachers in Matric-trained scale in the Urdu Town Middle School, Chakradharpur. The petitioner submitted his application and he was selected for appointment on the post of Assistant Teacher. The Urdu Town Middle School is a minority institution and the appointment letter dated 20.02.1993 was issued by the then Secretary of the Managing Committee of the School. The petitioner has qualification of Bachelor of Arts and he has acquired Dip.-Ed. also. By order dated 01.07.1994, the District Superintendent of Education, Singhbhum West, Chaibasa provisionally approved the appointment of the petitioner w.e.f. 04.03.1993. The petitioner was paid salary in the scale of Matric-trained, i.e. Rs. 580-860 regularly. By letter dated 16.03.1999, the District Superintendent of Education directed the Secretary of all the primary and middle school to submit details with respect to sanctioned posts and teachers working in the minority institutes. In Urdu Town Middle School 10 posts of teachers were sanctioned and there were 9 teachers including the petitioner, working in the school.

(2.) On 27.08.1998 a proposition statement was sent by the District Superintendent of Education to the Director, Primary Education for approval of the pay-scale of the teachers working on the sanctioned post. The proposition statement of the petitioner was not approved and it was kept pending and his salary was stopped and therefore, the petitioner moved the High Court in CWJC No. 278 of 1999 (R), which was disposed of on 15.12.2000 with a direction to the District Superintendent of Education to pass a reasoned order and with a further direction to pay the admitted salary to the petitioner, if found due, within one month. Since the order of the Court was not complied with, the petitioner was constrained to prefer a Contempt Petition being MJC No. 286 of 2001. During the pendency of the contempt petition, order dated 22.02.2001 was passed rejecting the claim of the petitioner. The petitioner moved this Court by filing WP(S) No. 2349 of 2001 challenging order dated 22.02.2001, which was disposed of by order dated 07.03.2002 with a direction to the respondents to obtain necessary approval of the proposition statement. The petitioner again moved this Court by filing Contempt (Civil) No. 467 of 2002. By order dated 06.09.2002 the proposition statement of the petitioner was rejected on the ground that only one post of B.A. trained teacher and one post for Inter-trained teacher were sanctioned, whereas in the advertisement issued in January, 1993 one post of teacher in Scout, Sports and Drill was advertised by the School for which no sanction was accorded by the Government. The petitioner was neither Matric-trained at the time of his appointment nor there was a vacant post for Matric-trained teacher. The order dated 06.09.20.02 has been challenged in the present proceeding. By order dated 09.09.2003, the respondents were restrained from terminating the service of the petitioner without prior permission of the Court.

(3.) A counter-affidavit has been filed stating as under: