JITENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN the instant writ petition the petitioners pray for issuance of appropriate writ in the nature of mandamus commanding upon the respondents to extend the same and similar benefits to the petitioners as has been allowed to the writ petitioners of CWJC No.3267 of 2000 (R) whose services have been taken over by the Human Resource Development Department, Government of Jharkhand which was followed by the Government notification No.1616 dated 8.12.2002.

(2.) THE facts, in brief, are set out as under: -

(3.) A notification No.1616 dated 8.12.2002 was issued by the state. The said notification indicates that persons working in the school and as such teaching/non -teaching employees retiring after 01.01.1999 would be entitled to the pay scale. The main contention raised by the petitioner is that the petitioner Nos.1 to 3 have been working as teachers uninterruptedly at Rangamatia Middle School, Sindri pursuant to the orders contained contained in annexure 1 and 2 to this writ petition. Petitioner Nos. 4 and 5 have been discharging their non -teaching duties as Peon since 15.9.1998 and 13.5.1998 respectively. It is accordingly stated that they are squarely covered by the Government notification No.1616 dated 8.12.2002 and are entitled to receive salary and allowances as per the said notification. It has also been contended by the petitioners that as the respondents were discriminating the petitioners and their services were not being taken over pursuant to the notification of the State Government dated 8.12.2002, the petitioners have made a detailed representation dated 21.2.2003 which has been duly received by the respondent Nos.3, 4, 6 and other officers.