BUDHINATH KISHKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Honourable Court with a prayer for quashing the letter No.2843 dated 19.12.2011 issued under the signature of the Director of the Primary Education, State of Jharkhand addressed to the Regional Deputy Director, Santhal Pargana rang Dumka whereby and whereunder the proposal of the approval of statement of the petitioner was rejected/turned down.

(2.) The petitioner was appointed as Assistant Teacher on 23.01974 and he superannuated from service w.e.f. 31.1201 The petitioner attended a training course, pursuant to a direction by the District Superintendent of Education. The petitioner was granted Matric Trained Scale w.e.f. 27.01.1984. Since the salary and the retiral benefits were not finalized by the respondents, the petitioner has approached this Court earlier by filing the writ petition (W.P. (S)No.3116 of 2013).

(3.) This Honourable Court after hearing the parties and perusal of the documents on record and taking into consideration that the order dated 15.06.1984 and 19.12.2011 have never been brought to the notice of the petitioner and since the petitioner has superannuated from service, the fact has been disclosed in the counter-affidavit. Sine those orders were not the subject matter of challenge as those were never served to the petitioner it was left open to the petitioner to challenge those orders in a separate writ petition with a direction to the respondents for payment of salary from 1.11.2010 to 31.12.2012 in view of the earlier direction of this Honourable Court made in W.P.(S)No.3116 of 2013, this writ petition has been preferred challenging the rejection order by which the proposition statement of the petitioner were not approved by the concerned authorities.