GOURI SHANKAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R.P. Gupta, learned counsel for the petitioner and Mr. Jayant Franklin Toppo, learned S.C. (L & C) appearing on behalf of the respondents.

(2.) The petitioner has approached this Court with a prayer for quashing part of the Memo No. 88, dated 28.01.2008 (Annexure-4) issued by the Deputy Commissioner, Ranchi by which the selection of the petitioner was cancelled.

(3.) The factual exposition as has been delineated in the instant writ petition is that as per advertisement, an Aam Sabha was convened on 10.12.2006 under the Chairmanship of Village Head and four persons. In the said Aam Sabha, petitioner was unanimously selected as he got nine votes and the proceeding of the meeting was conducted in which other members of the Village Education Committee, Secretary, Treasurer and Village Head were present. After his selection as a Para Teacher, petitioner started working and he was given remuneration for the said period he worked i.e. July, 2007 to December, 2007. The petitioner was paid Rs.15,000/- per month. However, one Ratan Mahto who had also participated in Aam Sabha dated 10.12.2006 and secured only two votes, preferred one Writ Petition i.e. W.P.(S) No. 1683 of 2007 praying therein for selecting him as a Para Teacher in Upgraded School, Dudhitanr. His specific grievance was that though he filed representation before the Deputy Commissioner, but the same was not considered and till date no order has been passed on his representation. After hearing the parties, the said writ petition was disposed of with a direction to said Ratan Mahto to file fresh representation along with supporting documents, if any, stating in details about his claim before the Deputy Commissioner, Ranchi within a period of two weeks from said date. The Court further observed that if such a representation is filed by Ratan Mahto (the petitioner therein) within the said period, then the Deputy Commissioner, Ranchi shall consider his representation besides his claim and pass appropriate reasoned order in accordance with law within a period of eight weeks from the date of filing of such representation.