NAHUM LAKRA Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned J.C. to AG for the State.

(2.) The petitioner has approached this Court with a prayer for quashing the letter No. 739 dated 23.03.2011 (Annexure-6), whereby the respondent No. 2 declined to approve the proposal of pay-scale of the headmaster to the petitioner and further prayer has been made to approve proper pay-scale legally payable to the petitioner and pay the arrears and current salary in consequence thereof.

(3.) The facts as derived from the writ' petition are that the petitioner was appointed as Assistant Teacher on 01.02.1986 in Government Aided Religious Minority School, known as Lutheran Middle School, Gumla, run by the Managing Committee. It is stated that vide memo No. 15-21/99 dated 21.10.1999, the respondent No. 4 promoted the petitioner from the post of Assistant Teacher to the post of Headmaster w.e.f. 01.11.1999 in the pay-scale of Rs. 2000-3500 on the basis of the decision taken by the School Managing Committee in its meeting held on 08.10.1999. It is further stated that for appointment of Headmaster by promotion, the minimum qualification fixed was Graduate Trained, however, in 2007 minimum qualification for Headmaster was changed to Post Graduate Trained. It is the further case of the petitioner that vide Office Order dated 28.02.2002, the respondent No. 3 approved the promotion of the petitioner on the post of Headmaster in the said School in terms of recommendation dated 05.02.2002, issued by the then District Superintendent of Education, Gumla. In view of the said recommendation, the petitioner joined on the post of Headmaster in Lutheran Middle School, Gumla, which was accepted by the respondent No. 4. The District Superintendent of Education, Gumla sent proposal for determination of the pay-scale of the petitioner in the 5th Pay Revision along with other four teachers. In compliance of the direction as contained in letter dated 24.02009, issued by the respondent No. 2 and subsequent letter dated 24.04.2009, the respondent No. 4 sent the copies of the educational certificates of the petitioner to the respondent No. 3 vide letter dated 04.05.2009 for the purpose of approval of the recommendation of the pay-scale of the petitioner in terms of 5th Revision. It has also been stated that petitioner was deprived of his salary due to non-grant of approval by the respondent No. 2, which was pending since 2002 itself. When no order was passed by the respondents, petitioner moved before this Court in W.P.(S). No. 6434 of 2010, which was disposed of on 11.04.2011 with a direction to the petitioner to prefer representation before the concerned authorities. The petitioner also preferred Cont. Case (C). No. 664 of 2013 but during the pendency of the writ application, respondents had passed the reasoned order and rejected the case of the petitioner and accordingly, the contempt proceeding was dropped. Hence, this writ petition has been preferred by the petitioner for redressal of his grievances.