LOLEN KUJUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) LATE Sukra Kujur, the husband of the petitioner was appointed as Assistant Teacher in the Lutheran High School, Gumla on 24th of February, 1962. It is alleged that he acted as Incharge Headmaster of the said School. In the year 1986, a regular Headmaster was appointed and some dispute arose regarding the Management of the School. This dispute finally landed in the High Court in Second Appeal No. 132 of 1986(R). The appeal was dismissed as infructuous but with certain observations. These are, however, not relevant for disposal of the controversies raised, in this present writ application. It is also alleged by the petitioner that due to certain internal politics, husband of the petitioner was stopped from putting his signature on the Attendance Register and then he decided to maintain the Separate Attendance Register. The husband of the petitioner died on 23rd of January, 1999. During his life, he withdrew provident fund amounting to Rs. 5,300/ - from his account vide Memo Nos. 2324 -26, dated 4th of October, 1991 and another amount of Rs. 2,000/ - vide Memo Nos. 3125 -26, dated 12th of December, 1991. It is also mentioned that the deceased -employee wrote a letter dated 10th of September, 1992 to the Managing Committee informing them of maintenance of a separate - attendance Register due to internal, conflict. He also claimed salary, which was unpaid from 1987 by a letter No. 5043, dated 4th of September, 1993 by writing to the Headmaster and the Secretary of the School. After the death of the Sukra Kujur, his pension was fixed taking into account 24 years of service said to be rendered by him. Petitioner has approached this Court seeking a direction for payment of pension for 37 years of service and also other benefits. It is stated that respondent No.3 vide his Memo No. 1660/Gumla. dated 22nd of October, 2001, ordered for payment of the provident fund amount of late Sukra Kujur. Respondent No.3 wrote to the Secretary and the Headmaster of the School vide his Memo No. 289/Gumla, dated 26th of February, 2003 for pay fixation. The Management of the School has filed the counter -affidavit challenging the maintainability of the writ application on the ground that the same is hit by the principles of res judicata. It is stated that petitioner has concealed the facts from this Court inasmuch as, earlier writ petitions filed by her late husband, have not been disclosed. It is stated that the late husband of the petitioner filed a writ petition being CWJC No. 540, of 1986(R) claiming himself as the Headmaster of the School. This writ petition was dismissed vide order dated 16th of April, 1987. It is further stated that the deceased -husband of the petitioner remained absent from school from 27th of October, 1986 and thereafter never bothered to answer the notices of the Management. It is on account of long absence of eight years, the Sub -Divisional Education Officer vide his Inspection Report dated 12th of July, 1997 asked the Headmaster to take appropriate steps. Thereafter a show cause notice was issued to the husband of the petitioner vide letter No. 72 of 1994 dated 15th of July, 1994 but he refused to accept the said notice and has filed no reply. In view of the extraordinary arid continuous absence of eight years the decision to discharge the husband of the petitioner was taken on 16th of November, 1994. This decision was communicated to all concerned including the competent authorities and the husband of the petitioner. The husband of the petitioner filed another writ petition before this Court being CWJC No. 998 of 1994(R) for relief for declaring the seniority and salary since 27th of October, 1986. He also asked for implementation of the recommendations of 4th Pay Revision Commission. This writ application was dismissed on 24th of August, 1994. It is, accordingly, stated that in view of dismissal of earlier writ petition, petitioner is not entitled to any relief.

(2.) HEARD the learned counsel appearing for the parties.

(3.) RESPONDENTS have placed on record the copies of the orders passed in CWJC No. 540 of 1986(R) and CWJC No. 998 of 1994(R). As far the order dated 16th of April, 1987, passed in CWJC No. 540 of 1986(R) is concerned, the High Court observed as under: -