MOTILAL PADIT Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner is seeking direction upon the respondents to release the salary/honorarium in his favour as he claims to be working as Para Teacher in the Upgraded Middle School, Koylabhasha, Fatehpur, Jamtara. According to the petitioner, a Aam Sabha held on 7.12.2007 duly selected the petitioner as Para Teacher. Petitioner claims to have joined the said post, thereafter and has been working to the satisfaction of the authorities. He claims that his selection has been approved by the authorities vide memo no. 193 dated 27.8.2011 w.e.f. 29.3.2010 itself (Annexure-2). He has relied upon Annexure-3 dated 30.8.2011 written by the Chairman, Gram Siksha Samiti stating that he has been working after 30.3.2010. He made representation for release of his honorarium. Thereafter, the Block Education Extension Officer, Fatehpur after conducting an inquiry came to the conclusion that he is discharging his duties after selection on 7.12.2007 and his selection was also recommended by the authority as per the report dated 30.12.2011(Annexure-5). It is submitted that the Block Development Officer called for an explanation as to why the honorarium has not been paid to the petitioner vide memo no. 90 dated 15.2.2012(Annexure-6). It is submitted that the respondent no. 7, Secretary cum Head Master, Gram Siksha Samiti, Upgraded Middle School, Koylabhasha, Jamtara was asked to send the absentee statement of the petitioner so that payments could be made. However, in the meantime, honorarium of Rs. 55,000 in lump sum was paid to the petitioner, but still outstanding salary/honorarium remains due despite representation made by him before the respondent- authorities. Therefore, he has approached this Court.

(3.) The respondents have appeared and filed their counter affidavit. Learned counsel for the respondent- State submits that selection of Para Teacher is made for fixed period of one year and the petitioner was selected on the said post by the Village Education Committee of Upgraded Middle School, Koyalabhasha, Block Kundahit on 7.12.2007. However, the Block Education Committee, Kundahit did not approve the selection of the petitioner till 6.12.2008. Therefore, the said selection automatically was set at naught. It has been further stated that there are clear stipulation issued by the State Project Director, Jharkhand Education Project Council, Ranchi through letter dated 30.3.2010 that no approval or joining of any such Para Teacher who has been selected should be made after 30.3.2010. However, it is stated that the petitioner got his name approved by the Block Education Committee, Kundahit but he could not join in the light of the aforesaid letter dated 30.3.2010. It is further submitted that in view of the letter dated 1.7.2010 of the State Project Director, Jharkhand Education Project Council, Ranchi, after coming into force of Right to Free and Compulsory Education Act, 2009, only those persons who have training qualification, shall be engaged as Para Teacher w.e.f. 1.7.2010. It is further submitted that the petitioner approached the Block Education Extension Officer, Kundahit, who vide letter no. 193 dated 27.8.2010 directed the President/Secretary of the Upgraded Middle School, Koyalabhasha to clarify whether the petitioner had joined pursuant to the approval w.e.f 29.3.2010. The Head Master of the said school categorically replied that petitioner has neither joined the said school nor he is working as Para Teacher in the school in question.