PARIBAL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing the order as contained in Reference dated 30.07.2008 issued under the signature of Director, Secondary Education, Govt. of Jharkhand, by which, the approval of the appointment of the petitioner has been determined w.e.f the date on which he obtained the degree of B.Ed and further prayer has been made for direction upon the respondents to consider the case of the petitioner afresh in the light of Resolution of the Government of Bihar dated 05.03.1991, wherein the compulsion of training for appointment of teacher was abolished and also for direction upon the respondents for payment of salary to the petitioner in prescribed payscale w.e.f the date of his appointment.

(2.) The facts, in brief, is that initially the petitioner was appointed on the post of Science Teacher, having qualification of B.Sc. (Hons) with Siksha Visarad, alleged to be equivalent to B.Ed, from Hindi Sahitya Sammelan, Allahabad, by the Managing Committee of Saint Mary High School, Samtoli, Simdega on 01.03.1997. It has been averred that after appointment of the petitioner, the Managing Committee sent a proposal to respondents-authorities for grant of approval of the appointment of the petitioner, but, it remained pending for quite a long period. Being aggrieved, the petitioner knocked the door of this Court by filing W.P. (S) No. 3925 of 2005, which was disposed of vide order dated 004.2008 giving liberty to the petitioner to submit representation before the Director, Secondary Education, Jharkhand, who, in turn was directed to pass speaking order in accordance with law. With the liberty aforesaid, the petitioner submitted a representation before the Director, Secondary Education with a prayer to grant of approval of his appointment and also to make payment of arrears of salary in the prescribed scale of Rs. 5500-9000/- w.e.f the date on which he was appointed. Pursuant thereto, the respondent-Director, Secondary Education passed impugned order dated 30.07.2008 whereby prayer for grant of approval of his appointment from his initial appointment i.e. 01.03.1997 was turned down and instead thereof, approval was granted w.e.f 10.04.2008 i.e. from the date, when he obtained the B.Ed degree from the recognized institution and accordingly, payment of his salary in the existing scale was allowed from the aforesaid cut of date.

(3.) Learned counsel for the petitioner submitted that so far B.Ed degree submitted by the petitioner at the time of his initial appointment is concerned, the District Education Officer, Gumla in its letter dated 06.07.1999 while referring to the case of petitioner to Bihar School Service Board had categorically mentioned that the degree of Siksha Visarad being offered by Hindi Sahitya Sammellan, Allahabad is equivalent to B.Ed degree, which the Deputy Director, Secondary Education, Bihar in its letter dated 29.02000 has also affirmed but the petitioner has been subjected to discrimination only on the basis of judgment rendered in L.P.A No. 235 of 2004. Learned counsel for the petitioner submitted with vehemence that even Resolution dated 05.01991 issued by the Department of Human Resources, Govt. of Bihar has clarified that for appointment of teachers the compulsion of training is not necessary rather the same was abolished but misinterpreting the contents of the aforesaid resolution, respondent-Director Secondary Education, Govt. of Jharkhand has passed the impugned order. Learned counsel for the petitioner referring to a decision rendered in the case of Md. Abu Sama Ansari Vs. The State of Jharkhand & Ors passed in W.P. (S) No. 5639 of 2004 dated 28.02007, wherein the Hon'ble Court taking note of Resolution dated 05.01991 held that at least the petitioner is entitled to get his actual pay-scale of untrained teacher revised from time to time till the date of passing of B.Ed degree from recognized Institution.