GOBIND MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for quashing the order issued by the Block Development Officer -cum -Chairman, Block Level Education Committee issued by memo no.161 dated 12.4.2012, whereby the decision taken at serial no.3 of the resolution of the Committee dated 20.3.2012, regarding approval of the petitioner's re -joining and payment of honorarium, has been cancelled.

(2.) ACCORDING to the petitioner, the committee in its resolution dated 20.3.2012 has taken decision to approve the decision of the Village Level Education Committee as well as the Block Level Education Committee and for payment of his honorarium after accepting his joining. Suddenly, the impugned order was issued by memo no.161 dated 12.4.2012 cancelling the said resolution to serious prejudice of the petitioner. No notice or opportunity of representation was given to the petitioner before taking the said decision. The order does not contain any reason whatsoever. The order is mechanical, cryptic and non -speaking and the same is violative of principle of natural justice and is liable to be quashed. The petitioner has further prayed a direction to accept his joining w.e.f. 23rd March, 2011 and to pay honorarium in accordance with the resolution of the Village Level Education Committee dated 20.3.2012.

(3.) HAVING heard learned counsel for the parties and in view of the above admitted position, I find no legal justification to sustain the impugned order dated 12.4.2012. By resolution dated 20.3.2012 the Committee had approved the decision of Village Level Education Committee and Block Level Education Committee whereby the petitioner was allowed to join as para -teacher in Upgraded Middle School, Bagdaha, District Deoghar. By the said resolution, decision was also taken to make payment of petitioner's honorarium after his joining. But by the impugned order dated 12.4.2012 (Annexure -8), the said resolution was suddenly cancelled.