MEGH NATH JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner has approached this Court for directing the respondents to pay salary for the period 21.09.2001 to 31.01.2009 when he continued as Project Officer, Narayanpur office of the Department of Adult Education/Non -Formal Education.

(2.) THE petitioner originally claims to be an Assistant Teacher appointed at Rajkiya Sanskrit High School at Sultanganj, Deoghar vide Memo No. 519 dated 30.03.1974. The petitioner is said to be belonging to Directorate of Secondary Education. However, when the Non -Formal Scheme was closed by the Central Government in the year 2001, vide Memo No. 2317 office order dated 20.09.2001 issued by the Directorate of Adult Education, Government of Bihar, the services of the petitioner are said to have been repatriated to the parent department i.e. the Directorate of Secondary Education, Bihar at Patna. It is the submission of the petitioner that he was never relieved from the post of Project Officer at Narayanpur as at the relevant point of time parent State of Bihar had already been bifurcated and his Controlling Authority i.e. the District Superintendent of Education -cum District Mass Education Officer, Giridih sought direction from the Directorate of Primary cum Mass Education, Jharkhand as to what course of action would be taken with regard to release of the petitioner from the said department to his parent department. The said guidance was, however, never given. In the circumstances, the petitioner had approached this Court in W.P. (S) No. 3676 of 2003 with a number of reliefs inter alia also for directing the respondent to revert his services as Assistant Teacher at Sanskrit School, Deoghar after relieving him from the post of Project Officer in the Adult Education -cum -Non Formed Education, Narayanpur, Jharkhand. He further prayed for direction upon the respondents to immediately and forthwith make payment of the entire amount of the salary to the petitioner for certain period prior to October, 2000 and thereafter, till the filing of the writ petition. He also sought benefits of fixation of his pay in the revised scale. In the said writ petition, he also made additional prayer by way of I.A. No. 3578 of 2008 to direct the respondent for payment of arrears of salary enclosing the letter, issued by the District Education, Giridih addressed to the Deputy Director, Primary Education for making recommendation of payment of the outstanding dues including computation of break up. Learned Single Bench of this Court vide order dated 03.02.2009 after taking into account the prayer made in the said writ petition, disposed of the writ petition in the following manner, which is quoted hereinbelow: -

(3.) THE Director, Primary Education, Government of Jharkhand was supposed to take into account all the relevant records along with the order of District Education of Giridih dated 21.10.2003, Annexure -15 and thereafter take a decision. It, however, appears that the relevant material facts, which also included such evidence of discharge of duty of the present petitioner at his place of posting at Narayanpur as Project Officer, under the Adult -cum -Non Formal Education Department for the period in question should have thoroughly been examined which is essential for determination of the question as to whether the petitioner has remained at the said place after being relieved or as a matter of fact has discharged duties at the said place of his posting. The determination of these facts are dependent upon the scrutiny of the relevant records of the petitioner as well as other relevant facts. Perusal of the instant order dated 21.08.2013, however, does not throw much light on the aforesaid issue. On the last occasion when this Court had directed both the Directors to sit together and arrive at a conscious decision, this Court was conscious of the facts that the services of the present petitioner are hanging between the Directorate of Primary Education and Directorate of Secondary Education, Government of Jharkhand. The exercise undertaken, however, does not seem to have reached any proper and definite conclusion. In the circumstances, this Court is constrained once again to direct respondent No. 6, the Secretary, Human Resources Development Department, Ranchi, who is the Secretary of both Directorates i.e. the Primary and Secondary Education under the respondent - State of Jharkhand, to take an informed decision in the matter after taking into account all relevant facts and circumstances including giving at least one opportunity to the petitioner to produce all relevant facts and documents in support of his claim.