LAWS(JHAR)-2018-1-75

SANJESH MOHAN THAKUR Vs. STATE OF JHARKHAND

Decided On January 19, 2018
Sanjesh Mohan Thakur Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing order dated 12.03.2005 and to issue direction upon respondent no. 2 to fix and determine the payscale of the petitioner and further prayer has been made for direction upon respondents to make payment of arrear of salary as well as current salary of the petitioner in pursuance to fixation of salary/pay-scale.

(2.) The facts, in brief, is that in pursuance to advertisement published in daily newspaper "Prabhat Khabar" on 28.01.2001, the petitioner applied and was selected for the post of Assistant Teacher in Doranda Girls Middle School, Ranchi and accordingly, he submitted his joining on 01.03.2001, which was duly approved by D.S.E., Ranchi vide office order dated 27.07.2001, with certain conditions. Thereafter, headmistress, who was one of the members of the School Managing Committee, sent a letter to DSE, Ranchi requesting therein to send approval with regard to fixation and determination of salary. In turn, the respondent no 3-DSE, Ranchi sent a letter dated 20.03.2002 to Director, Primary Education for fixation of pay of the petitioner. Besides, the Managing Committee of the school also sent several letters to Director, Primary Education to determine and fix the pay-scale/salary of the petitioner. But, when no response came from the side of respondents-authorities, the petitioner knocked the door of this Court by way of filing W.P.(S) No. 6313 of 2004, which was disposed of vide order dated 09.12004 and lateron order was modified vide order dated 03.01.2005 whereby petitioner was directed to represent before the Director, Primary Education, Ranchi, who shall pass appropriate order. Pursuant thereto, the petitioner filed representation dated 17.01.2005 before respondent no. 2-Director, Primary Education, which was rejected vide order dated 103.2005.

(3.) Being aggrieved by the impugned order dated 12.02005 passed by Director, Primary Education-respondent no. 2, the petitioner left with no alternative, efficacious and speedy remedy has approached this Court invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for redressal of his grievances.