ANEE AGNESH MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Herd learned counsel for the parties.

(2.) The present writ application has been preferred by four writ petitioners with common grievances that the preposition statement sent through the office of the District Superintendent of Education for approval by the Directorate of Primary Education, Government of Jharkhand has been rejected by different impugned orders in respect of each of them. The rejection order of the petitioner no. 1 is dated 19.7.2005, which is contained in Annexure12 to the writ petition. The rejection order dated 22.6.2012 passed by the same Director of Primary Education, Government of Jharkhand as contained in memo nos. 1079, 1080 and 1081 have also subsequently been challenged by the writ petitioners in I.A. No. 925 of 2013, which was allowed by order dated 2. 15.7.2013 to be incorporated in the main writ petition.

(3.) The common case of these petitioners is that the petitioner no. 1 was appointed as Assistant Teacher having special knowledge in Santhali pursuant to the advertisement dated 8.8.1988 and other similar advertisements were issued in respect of petitioner nos. 2 to 4 by the respective managing committee of the Middle school. The petitioner no. 1 had joined on 30.8.1988 vide Annexure2 to the writ petition. The District Superintendent of Education gave temporary approval of her services vide Annexure4 dated 3.12.1998. The petitioner no. 2 was appointed in Primary School, Dun Mission by the managing committee after following due procedure on 11.5.1990 and was also subjected to approval of the District Superintendent of Education vide memo dated 11.5.1990. Annexure5 series are temporary approval letters of petitioner nos. 3 and 4 respectively, who were appointed by the managing committee of St. Joseph's School, Gohiajori on 22.11.1989 and in Primary school, Chutkapani Mission on 12.1.1992. Annexure6 series is the approval granted in favour of petitioner nos. 3 and 4 by the District Superintendent of Education, Dumka dated 6.1.1990 and 12.3.1992. These petitioners thereafter continued to serve their respective schools in their respective places in which they were appointed. However, they were not having the Teacher's Training qualification. The Regional Deputy Director of Education, however, recommended the petitioner no. 1 for in house training at Teachers' Training College, Jasidih by order dated 30.3.2000 (Anneuxre7). Petitioner no. 2 was also sent for in house teachers' training course by the approval of the Regional Deputy Director of Eduction, Dumka, through his letter dated 9.12.1999, Annexure8. Petitioner nos. 3 and 4 were also sent for in house teachers' training at Primary Teachers' Training School, Ghormara vide order dated 2.8.1999 and 9.12.1999, Annexure9 series issued by the R.D.D., Santhal3. Pargana. All these petitioners completed their teachers' training course successfully and their certificates are annexed as Annexure10 series, which shows the effective date of completion of the training i.e. 3.5.2002. These petitioners were thereafter transposed in matric trained scale by the respective management of the minority school, in which they were working continuously. The D.S.E thereafter prepared a preposition statement for approval by the Directorate of Primary Education in respect of these teachers, pursuant to which the State grants aid to the respective minority schools for payment of salary of such teachers whose preposition statement has been approved by the competent authority. However, the preposition statement of petitioner no. 1 was rejected by the impugned order contained at Annexure12 dated 19.7.2005, however, no order was passed in respect of petitioner nos. 2 to 4. Their rejection as aforesaid has been passed on 22.6.2012, which have been allowed to be challenged by way of an I.A. No. 925 of 2013.