LAWS(JHAR)-2004-2-82

SACHINDRA NATH MANDAL Vs. STATE OF JHARKHAND

Decided On February 19, 2004
Sachindra Nath Mandal Appellant
V/S
State Of Jharkhand with Respondents

JUDGEMENT

(1.) IN the connected writ petition C.W.J.C. No. 11462 of 2000(P) disposed of on 29th April, 2002 the Court noticed the following facts.

(2.) THE petitioners were appointed as Assistant Teachers against vacant posts in the year 1982 -83. Their orders of appointment having been cancelled by the State, the petitioners moved before the Patna High Court in C.W.J.C. Nos. 99/1985, 485/ 1985 and analogous cases. The orders of cancellation of appointment of petitioners were stayed by the Patna High Court vide its order dated 21st January, 1985/5th February, 1985 and other orders. In view of interim order of stay, petitioners continued to function as Assistant Teachers without any break. Some of the petitioners, who were untrained, were also sent for training by the State between 12th May, 1991 and 5th February, 1994. Subsequently, they were, reappointed in view of Supreme Court 'sdirection on 4th April. 2000.

(3.) THE aforesaid averments made by petitioners were not disputed by the opposite parties. After disposal of the case when the respondents disposed of the claim rejected it on one of the grounds that there were no post vacant prior to order of reinstatement of petitioners and, therefore, the petitioners cannot derive the benefit of Supreme Court 'sorder.