SHAKTIPADA BANERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THE petitioner had moved before this Court earlier in C.W.J.C. No. 1697 of 1999 (R) with a prayer for direction to the respondent -authority for grant of the B.A. trained pay scale from the date he passed B.Ed. examination, i.e.. 20.1,1971 on the ground that persons Junior to him was given the same benefit. This Court by order dated 5.2.2001 while disposing of the said writ application, refused to pass any positive order with regard to the said prayer of the petitioner. However, liberty was given to the petitioner to file a fresh representation before the District Superintendent of Education, Dhanbad. On filing of such representation, the District Superintendent of Education was directed to dispose of the same by speaking order in accordance with law within six weeks from the date of filing of such representation. It was further observed in the said order that if the claim of the petitioner is found to be genuine, an appropriate order must be passed forthwith. It was further observed that admitted amount, legally payable to the petitioner, must be paid to the petitioner without any further delay.

(3.) ACCORDINGLY this writ application is allowed and order as contained in Annexure 11 to the writ petition is hereby quashed. The matter is remitted back again to the District Superintendent of Education, Dhanbad for passing a fresh order dealing with the points raised by the petitioner in his representation filed on 18.4.2001 within a period of three weeks from the date of receipt/production of a copy of this order.