ANUP CHANDRA MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner has approached this Court with a prayer for quashing impugned letter no. JAC/ Madhyama/ 248/ 13 - 2190/ 14, Dated 12.04.2014, declaring appointment of the petitioner to be against the provisions and hence cannot be approved and verbal order dated 11.02.2014 of prohibiting the petitioner to make attendance on the register by the Head Master. Petitioner has further prayed for a direction upon the respondents to confirm his appointment against the post of Science Teacher and further to give him salary etc. with retrospective effect.

(3.) Facts of the case as has been delineated in the writ petition is that pursuant to an advertisement dated 05.11.1990 issued by the Managing Committee of Ram Yasho Rai Sanskrit High School, Madhupur (Deoghar) for appointment of teacher for Science subject petitioner applied and appeared and on being found successful, he was given appointment letter dated 06.12.1990. Thereafter, petitioner joined his service on 10.12.1990 after approval given by Head Master of the School and continued to work since thereafter. After death of one Durga Prasad on 01.05.2007, petitioner was allowed to work on the approved post of Science Teacher and was putting his signature on the attendance register against the said approved post. Considering sincerity and efficiency of the petitioner, the then Head Master recommended name of petitioner before the Director (Secondary Education), Human Resources Development Department, Government of Jharkhand, Ranchi on 17.10.2012 followed by letter dated 14.12.2012 before the Secretary, Jharkhand Academic Council, Ranchi and certain other communications were also made. However, on being asked by the Secretary, Jharkhand Academic Council, Ranchi to send structure of Managing Committee of the School, its present status and different documents the Principal of the School did not send the same and as such, services of the petitioner could not got confirmed by the Academic Council. The Head Master of the School thereafter sent recommendation for approval of service of the petitioner to the post of Science Teacher to the District Education Officer, Deoghar which was forwarded before the Secretary, Jharkhand Academic Council, Ranchi. However, on 11.02.2014, without any show-cause or without any prior information or approval of the Managing Committee or any authority, petitioner has been debarred from putting his signature on the attendance register on the alleged ground that a telephonic information has been received from Jharkhand Academic Council, Ranchi for the same.