LAWS(JHAR)-2005-9-58

SATYANARAYAN MAHTO Vs. STATE OF JHARKHAND

Decided On September 16, 2005
Satyanarayan Mahto Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THIS application has been preferred by the petitioner against the order contained in Letter No. 4786, dated 20th September 2004 issued by District Superintendent of Education, Ranchi. By the said order the authority rejected the claim of the petitioner for salary for the period from January 2002 onwards and held that salary for the period of unauthorized absence will not be paid on the principle of "No work no pay".

(2.) ACCORDING to petitioner he was transferred in December 2002 to Ulilahar Middle School, Tamar Block, District Ranch! where he submitted his joining but the Headmaster refused to accept the joining. Thereafter his joining having not been accepted and he having not been paid salary since January 2002 moved before this Court in WP (S) No. 5132 of 2003 for acceptance of his joining and payment of salary. This Court by its order dated 5th February 2004 held as follows : - It has been categorically stated in para 6 of the writ petition that when the petitioner went to Ulilahar Middle School for joining, the Headmaster refused to take his joining on the ground that there was no vacant post. In para 7 of the writ petition it is stated by the petitioner that he immediately informed the fact to the D.S.E., Ranchi and also demanded from the Headmaster in writing of his refusal to allow him to join. The Headmaster of the said school gave in writing on 21.5.2003 which was submitted before the D.S.E. on 30.5.2003. A copy of the refusal given by the Headmaster has been annexed with the writ petition as An -nexue -3. These facts have not been specifically controverted in the counter affidavit although the counter -affidavit is sworn by the D.S.E., Ranchi. In that circumstances, I have no option but to hold that petitioner did submit his joining in Ulilahar Middle School and their refusal to accept his joining. There is nothing on the record to show that either a fresh order of transfer was issued or the District Suprintendent of Education took any fresh decision. He is therefore directed that either the petitioner is allowed to join the transferred place or a fresh order of transfer will be issued within two weeks from production of a copy of this order. So far payment of salary for the aforesaid period is concerned, the District Superintendent of Education shall take a fresh decision after giving opportunity of hearing to the petitioner such decision must be taken within three weeks from the date of receipt/production of a coy of this order along with a copy of the representation of the petitioner.

(3.) ON 28th April 2005 this Court passed the following order : The District Superintendent of Education, Ranchi is directed to appear in person and to explain as to how the impugned order as contained in An -nexure -2 has been passed holding that the absence of the petitioner was deliberate and unauthorized when this Court already held in Annexure -1 that the petitioner 'sjoining in Ulilahar Middle School was refused by the Head Master of the school on the ground that there was no vacant post in the school. Put up this case on 11th May 2005. Let a copy of this order be handed over to G.P. II for communicating the same to the concerned District Superintendent of Education.