STATE OF JHARKHAND Vs. MARIUM SUREN

JUDGEMENT

(1.) This appeal is directed against the order dated 6th October, 2009 passed by Jharkhand Education Tribunal, Ranchi in connection with Case No.16 of 2009 (JET), whereby the Tribunal has directed the appellant, including the Managing Committee of the School, to maintain the service of Respondent No.1Smt. Marium Suren and to pay arrears of salary, which has been stopped since December, 2007; and order dated 31st July, 2010 passed by the Tribunal in connection with Execution Case No.1 of 2010 (JET), whereby salary and allowance of the appellantDirector, Primary Education, Government of Jharkhand, has been directed to be stopped for the month of August, 2010 and also for the subsequent months and remit the same to this Tribunal in monthly installments till such time the arrears of salary as also current salary remain due to be paid to Respondent no.1.

(2.) The brief fact, giving rise to the present case, is that Respondent No.1Smt. Marium Suren, wife of Mr. J. M. Topno, after going through the advertisement, published in the newspaper, applied for appointment on the post of Primary Teacher and after entering into selection process, she was appointed as Primary Teacher on 1st August, 1989 and joined her place of posting. The appointment of Respondent no.1 was approved by the District Superintendent of Education, Gumla vide order dated 8th October, 1989. She did Teachers Training Examination in Session 198183 from S.P.G. Mission Mahila College, Ranchi, examination of which was conducted by the Bihar School Examination Board. The District Superintendent of Education, Gumla has also granted senior scale of pay with effect from 2008.

(3.) Respondent no.1 had been regularly discharging her duties, but all of a sudden her salary was stopped from the month of December, 2007 and it was brought to the notice that at the time of her appointment, she was overage by three months eight days and that was not condoned/waived by the Deputy Director, Primary Education. Thereafter, she filed a petition before the Jharkhand Education Tribunal, Ranchi, which was registered as Case No.16 of 2009 (JET).