KRISHNA KANT DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioners have prayed for quashing of order No. 1637 dated 16.06.2008 passed by the respondent No. 2, vide Annexure-11, and further prayer has been made by the petitioners for issuance of writ of mandamus, commanding upon the respondents to consider the case of the petitioners in pursuance to letter No. 244 dated 24.02.1987 and for payment of salary with effect from 01.01.1987 along with other consequential benefits.

(2.) The present case has got a chequered history and the petitioners have been litigating to establish their rights for more than two decades, since the repeated direction of this Court and Honourable Patna High Court, have failed to redress the grievance of the petitioners, the petitioners have filed the present writ application.

(3.) The grievance, as has been portrayed in the writ application, in a nut shell is that by virtue of the efforts of the villagers, a school in the name and style as Darua High School was opened at Latehar. A Managing Committee was constituted and after construction of the building the said school started imparting education to the students of the locality from the year 1982 and the petitioners were appointed by the Managing Committee as teaching and non-teaching staff of the said school. It has been averred that the petitioners from the date of inception of the school have been rendering their services. During financial year 1986-87, the erstwhile Government of Bihar, in the Department of Education selected the said school with a view to open additional Middle School in tribal areas as is evident from letter No. 244 dated 24.02.1987 vide Annexure-1 to the writ petition. The aforesaid letter would indicate that one post of Headmaster, eight posts of Assistant Teachers, one post of Clerk and two post of Peon were sanctioned by the department. In pursuance to letter dated 11.12.1987 issued by the Director, Secondary Education, Government of Bihar, Patna, the District Education Officer, Palamau furnished a report on 04.01988 wherein the name of the petitioners have been included as teaching and non-teaching staffs of the school. Being aggrieved by the non-payment of salary, the petitioners agitated the matter before the Honourable Patna High Court in C.W.J.C. No. 1620 of 1992 and the said writ petition was disposed of vide order dated 09.01994 with observation to the erstwhile State to take final decision in the matter relating to selection of the school in question and also for the appointment of teaching and non-teaching staff, as per Annexure-2 to the writ petition. In pursuance to the aforesaid order, the petitioners approached the concerned authorities to consider their grievances but the case of the petitioners was rejected as per Annexure-3 to the writ petition. Being aggrieved with the order dated 17.11.1994, the petitioners preferred a fresh writ petition, being C.W.J.C No. 1782 of 1995 for quashing the said order and the said writ petition was dismissed by the Honourable Patna High Court vide order dated 008.1995. Being dissatisfied with the order dated 008.1995 passed in C.W.J.C No. 1782 of 1995, the petitioner moved before the Honourable Supreme Court in S.L.P. No. 4750 of 1996 which was disposed of setting aside the order dated 008.1995 passed by the Honourable Patna High Court and the matter was remanded to the Patna High Court for fresh consideration. The matter was heard afresh and vide order dated 07.08.1997 and the writ petition being C.W.J.C. No. 1782 of 1995 was allowed with observation to the erstwhile Government to decide the question relating to take over of the services/approval of services of teaching and non-teaching staff of the school in question against the post created pursuant to letter dated 24.02.1987. While allowing the writ application, the Honourable Court has been pleased to observe that if the services of anyone or other teaching and non-teaching employees are approved then it is needless to say that such person is to be paid salary from the due date, as per Annexure-4 to the writ application. Being aggrieved the State of Bihar preferred an appeal, being L.P.A. No. 1426 of 1998 and the same was dismissed vide order dated 12.08.1999. Thereafter, the State of Bihar preferred S.L.P No. 6880 of 2000 before the Honourable Apex Court, which was also dismissed by the Honourable Apex Court on 011.2000. Instead of complying the order dated 07.08.1997 passed by this Court in C.W.J.C No. 1782 of 1995, memo No. 3283 dated 09.07.2002 was passed declining the regularization of services of the petitioners in the school in question. Again the petitioners being aggrieved by the order dated 09.07.2002 preferred W.P.(S) No. 5650 of 2002 and the said writ petition was disposed of vide order dated 18.07.2007 with direction to pass appropriate order in the matter. In pursuance to the order passed in W.P.(S) No. 5650 of 2002, the respondents have passed the impugned order dated 16.06.2008, whereby the decision has been taken to initiate the process of appointment of teachers by issuing an advertisement and the petitioners will be given preference in appointment by giving relaxation of age, as per Annexure-11 to the writ petition. Being aggrieved and dissatisfied with the impugned order dated 16.06.2008 passed by the respondent No. 2 vide Annnexure-11, the petitioners have been constrained to knock the doors of this Court for redressal of their grievances under Art. 226 of the Constitution of India.