LALAN RAI Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) PETITIONER has approached this Court for quashing order dated 22.2.2006 issued by the Director, Department of Human Resources Development whereby and whereunder the authorities have come to the conclusion that the appointment of the petitioner as Teacher prima -facie irregular and as such, order has been passed to forthwith cancel the appointment of the petitioner by following due procedure.

(2.) IT has been submitted on behalf of petitioner that Gurunanak Middle School, Sakchi, Jamshedpur is declared as a minority school vide letter No. S1K 301130180 Shi. 3290 dated 21.11.80. It has further been submitted on behalf of petitioner that he has been appointed as Assistant Teacher in the said school by the order of the Secretary, Gurunanak School, Sakchi with effect from 23rd June, 1981 as per Service Rule of School Managing Committee. Thereafter, District Superintendent of Education, Chaibasa has issued a certificate on 20.8.1981 to the effect that in the district of Singhbhum there was no trained teacher in the waiting list for appointment of teachers in Primary Schools. The petitioner has been appointed by respondent No. 5 and the respondent No. 4 vide order dated 24.10.1981 which was duly approved. Thereafter, petitioner started discharging duty. It has further been submitted that his salary was fixed from 23.6.1981 to October, 1984 in Matric untrained pay scale and subsequently, vide order passed by the respondent No. 4 vide letter No. 3523 dated 25.9.1986 and letter No. 4558 dated 4.5.1988 whereby and whereunder a request has been made to the Director, Primary Education, Bihar, Patna for training of the petitioner. However, the petitioner was not sent for training of B.Ed. It has further been submitted on behalf of petitioner that the services of the petitioner has also been approved by respondent No. 2 as would be evident from Annexure -5 to the writ petition.

(3.) IT is also grievance of the petitioner that the ground taken by respondents in the communication dated 22.2.2006 that since the petitioner was untrained and as such, his appointment is irregular, absolutely an illegal decision in view of the fact that at the time of appointment there was no requirement of getting training to the teachers working in the minority school.