LUTHERAN MIDDLE SCHOOL, BURJU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner is aided minority school, which is aggrieved by the impugned order dated 29.11.2003 passed by the Director, Primary Education, Ranchi, Government of Jharkhand (Annexure-5) which inter-alia held that appointment of Respondent No. 4, Smt. Kripa Aind as teacher in the school from the date of her first appointment is continuous and she would be entitled for arrears of salary. It also held that the management of the school was not justified in appointing another teacher in place of the Respondent No.4 and the salary paid to the other person would be borne by the school management itself. It also recommended action against the District Superintendent of Education, Ranchi who gave concurrence to the illegal appointment of other person namely Smt. N. Hembrum in place of the Respondent No.4. He has further observed that the other teacher, Smt. N. Hembrum would be adjusted against any future vacancy. However, Respondent No.4 would continue as a teacher of the petitioner- Lutheran Middle School, Burju treating her appointment as valid since her first date of appointment.

(3.) The case of the parties in brief are that Smt. Kripa Aind, Respondent No.4 was appointed as Assistant Teacher in the Lutheran Middle School, Burju on 1.11.1979. She was transferred to another primary school in the same campus on 9.5.1989. She is said to have been relieved on 25.5.1989 by the management of the school. However, she preferred a suit against the impugned order of transfer being Title Suit No. 12 of 1989 before the Competent Court of Civil jurisdiction, Ranchi. She also preferred injunction petition under Order 39 Rule I of the C.P.C. which, however was refused. Her Miscellaneous Appeal being Misc. Appeal No. 19 of 1989 against refusal of injunction was dismissed on 7.9.1990. Finally, the title suit stood dismissed on 12.10.1993. Thereafter, she preferred title appeal being T.A. No. 7 of 1994 which was also dismissed on 27.11.2002. The further fact which is also not in dispute, and is also evident from statement made in para-10 of the counter affidavit filed on behalf of the Respondent No.4 is that second appeal preferred by the Respondent No.4 against the impugned judgments and decree also stood dismissed. In the meantime, the school management had appointed one Smt. N. Hembrum in place of the Respondent No.4 on 16.11.1993. However in the said Primary School, Burju where the petitioner was transferred one Smt. Ashiyana Purty was appointed on 14.2.1991. In these circumstances, Respondent No.4 had preferred the writ petition being C.W.J.C. No. 3439 of 1994(R). The said writ petition was however was withdrawn with a liberty to avail the alternative remedy available to the said petitioner i.e. Respondent No.4, herein. The said judgment dated 22.2.1995 in C.W.J.C. No. 3439 of 1994(R) is annexed as Annexure-R/4-D to the counter affidavit filed on behalf of the Respondent No.4. Thereafter, on the representation of the Respondent No.4 the impugned order contained at Annexure-5 to the writ petition has been passed by the Director, Primary Education on 29.11.2003 as contained in memo No. 3087.