NIL KANTHA MONDAL, SON OF LATE SUBODH KUMAR MONDAL, RESIDENT OF NEW KARMIK NAGAR, P.O. Vs. THE STATE OF JHARKHAND THROUGH SECRETARY/PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, HAVING OFFICE AT PROJECT BUILDING, DHURWA, P.O. & P.S.

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing order as contained in Memo dated 14.11.2014 whereby promotion granted to the petitioner on 29.03.1982 has been cancelled and the petitioner has been reverted to Matric trained scale i.e. Grade-IV to Grade-I and for quashing the decision contained in Memo dated 19.09.2014 whereby salary of the petitioner has been stopped from the month of Sept., 2014 and direction upon the respondents to pay the salary of the petitioner from the month of Sept., 2014 onwards and further prayed for quashing decision contained in letter dated 06.01.2015 issued by the District Superintendent of Education, Dhanbad whereby a sum of Rs. 16,12,165.00 has been sought to be recovered from the petitioner after his retirement on account of alleged access amount withdrawn by the petitioner.

(2.) The facts, as disclosed in the writ petition, in brief, is that initially the petitioner was appointed as Assistant Teacher on 09.11.1972 and the petitioner was granted Matric Trained scale w.e.f 20.09.1976 and thereafter the petitioner has been granted B.Sc. trained Scale vide memo dated 29.03.1982, however, the B.Sc. trained scale granted to the petitioner was cancelled vide office order as contained in Memo dated 08.05.1987, against which, the petitioner and others moved the Court by filing C.W.J.C No. 1149 of 1987 (R), which was allowed vide order dated 24.09.1987. Pursuant thereto, notice was issued to the petitioner and others in the light of the direction issued in order dated 24.09.1987, to which, the petitioner replied and finally the District Superintendent of Education, Dhanbad vide memo dated 28.03.1988, after enquiry, found the promotion of the petitioner and others to be in order. Thereafter, the pay of the petitioner was time to time revised in various Pay Revisions. It has been submitted that after passage of time, the District Superintendent of Education, Dhanbad, Dhanbad issued letter dated 08.09.2014 directing the petitioner to submit all the educational certificates, which the petitioner submitted vide letter dated 16.09.2014. Thereafter, the salary of the petitioner was stopped vide letter dated 19.09.2014 and petitioner was directed vide letter dated 10.11.2014 to remain physically present in the office of District Superintendent of Education, Dhanbad. In pursuance to such direction, the petitioner submitted his reply on 12.11.2014 but to the utter surprise and consternation, the impugned order dated 14.11.2014 was passed by the District Superintendent of Education, Dhanbad-respondent no. 4, whereby promotion granted to the petitioner on 29.03.1982 has been cancelled and the petitioner has been reverted to Matric trained scale i.e. Grade-IV to Grade-I. During pendency of the writ application, a communication dated 06.01.2015 has been issued by the District Superintendent of Education, Dhanbad whereby a sum of Rs. 16,12,165.00 has been sought to be recovered from the petitioner after his retirement on account of alleged access amount withdrawn by the petitioner.

(3.) Being aggrieved and dissatisfied with the impugned orders at Annexure-8, 11 and 13, the petitioner left with no alternative, efficacious and speedy remedy has approached this Court for redressal of his grievances invoking extraordinary jurisdiction under Art. 226 of the Constitution of India.