NIRANJAN BEHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRAYER in this writ application has been made for issuance of an appropriate writ/direction upon the Respondents to consider the case of the petitioner for his absorption as Assistant Teacher in the Primary School on the pattern of the policy decision of the State of Bihar and the State of Chhatisgarh, where similarly situated 'Siksha Mitras', like the petitioner have been absorbed in the cadre of Assistant Teacher.

(2.) THE case of the petitioner is that pursuant to a Resolution adopted by the State of Jharkhand in its Department of Human Resources Development for appointment of Teachers (Siksha Mitra) in the Primary Schools, the petitioner was selected as a Teacher (Siksha Mitra) for the Primary School at village -Tunia in the district of West Singhbhum and has been working as such, since the date of his selection and appointment on 9.9.2002, on a remuneration of Rs. 2,000/ - per month. By virtue of his 'duties, the petitioner has been discharging his service similar to that of a regular Assistant Teacher.

(3.) COUNTER affidavit has been filed by the Respondents, wherein, it has been explained that the post of Para -Teacher, which the petitioner holds, is a contractual post. The period of contract is extended only according to the performance of the Para -Teacher. The selection of Para -Teachers. is made at the level of the Village Level Education Committee as per the required minimum educational qualifications. As per the Rules of the State Government for recruitment and appointment of regular Teachers in Primary Education, the same is made on the basis of recommendations of the Jharkhand Public Service Commission for which the minimum qualification includes Training and Education from any N.C.T.E. recognized Training College. The State Service Commission has constituted the State Level Committees for selection of the candidates. Thus, the appointment of Para -Teachers and regular Teachers are by separate distinct modes. The Para -Teacher whose appointment is basically on contract basis and temporary in nature, cannot claim his direct absorption in the regular cadre of Primary Teachers, unless his candidature is recommended by the State Public Service Commission. The appointment of regular Teachers is made only against posts duly created and sanctioned by the Government, whereas, the engagement of the Para -Teachers is made on the requirement of Teachers due to existence and enrollment of the new students. It is further stated that the honorarium paid to Para - Teachers in the State of Jharkhand ranges in between Rs. 2,500/ - to 3,500/ -per month depending upon their qualification. It is further stated that the State of Jharkhand has its own policy and guidelines in respect of the Primary Education as per the directions of the Government of India and as per the requirement and the resources of the State and it cannot be directed to be guided by the State of Bihar or any other State.