BRAJENDRA MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY Court, Heard learned counsel for the parties.

(2.) FIVE petitioners were initially agitating against issuance of the letter dated 5th October, 2004 bearing no. 2801, Annexure12 of Joint Secretary, Department of Human Resources Development, Government of Jharkhand, whereunder the benefit of pay protection granted to the petitioner nos. 2 to 4 in their appointment under the Government schools from erstwhile Government Recognized Aided Minority School were withdrawn. The petitioner no. 5 later on sought to withdraw his case as his grievances have been redressed during the pendency of the case. He was permitted to do so vide order dated 27th November, 2012.

(3.) THE question, which is to be decided in the present case on the basis of rival stand taken by the parties, is as to whether the benefit of pay protection, which was granted to these petitioners at the time of their entry in the Government Schools as Assistant Teachers in the year 1988 pursuant to selection exercise conducted by the Education Department of the erstwhile Government of Bihar after reckoning their previous services in the Government Recognized Aided Minority School, has been rightly withdrawn by the respondents as per the impugned letter dated 5th October, 2005 as contained in Memo no. 5900 dated 8th November, 2004, Annexure12 to the writ petition or not ?