CHANDRA BHUSHAN PATHAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Supplementary counter-affidavit dated 08.08.2018 and copies of office orders dated 29.06.2012 and 12.07.2012 passed by District Education Officer, Dhanbad are taken on record.

(2.) The petitioner is aggrieved of order dated 201.2015 by which the District Education Officer, Dhanbad has rejected his claim for reinstatement in service.

(3.) Record of the case reveals a chequered history of litigation. The petitioner claims that he was appointed in the Project Girls High School, Govindpur, Dhanbad as Clerk on 109.1993 pursuant to an advertisement on a vacant post. However, initially he was not paid salary so he came to this Court in CWJC No. 1160 of 1995 (R). The writ petition was disposed of by an order dated 26.05.1995 with a direction to the respondent-authority to make payment of admitted dues since 08.10.1993 to him. The petitioner has produced a copy of order dated 21.06.1995 by which he was paid salary from 08.10.199 He has also produced a copy of order dated 24.12.1999 by which he was absorbed in the office of Regional Education Officer, Chas, Bokaro on a vacant post. This order has a reference of order dated 19.01997 of the Director, Secondary Education, Bihar and an order contained in Memo No.3172, dated 08.12.1997 of Regional Deputy Director of Education, Hazaribagh. However, on the basis of an enquiry report submitted by the Deputy Commissioner, Dhanbad several persons including the petitioner were dismissed from service on 10.04.1997. This order was not communicated to the petitioner for quite a long time and when he came to this Court in W.P.(S) No.5876 of 2002 in that proceeding the respondents brought on record a copy of order dated 10.04.1997 and then he came to know stand of the State. The writ petition was dismissed by an order dated 007.2008, against which he preferred L.P.A. No.322 of 2008. The Letters Patent Appeal stood disposed of with liberty to him to prefer a separate writ petition challenging order of his dismissal from service. Finally, the petitioner's writ petition vide W.P.(S) No.685 of 2009 challenging his order of dismissal from service stood disposed of by an order dated 11.11.2014 with a direction to the respondent-authority to decide his claim for his reinstatement in service within 3 weeks. In purported compliance of order dated 11.11.2014 passed in W.P.(S) No.685 of 2009, the respondent-District Education Officer, Dhanbad has passed the impugned order dated 22.01.2015.