CHANDRA SHEKHAR PRASAD SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) CHALLENGE in this writ application to the letter No. 832 dated 18.06.2008 (Annexure -11) written by the Respondent No. 5 addressed to Respondent No. 6 stating therein that the petitioner's father could not be treated as a Government Servant and therefore the petitioner's appointment on compassionate ground is illegal and irregular. Besides his prayer for quashing the aforesaid letter, the petitioner has also prayed for restraining the respondents to act thereon. The petitioner has also prayed for quashing the Office Order No. 1285 dated 23.07.2008 issued by the Respondent No. 6 (Annexure -13) whereby the payment of the petitioner's salary has been stopped.

(2.) FACTS of the case in brief is that the petitioner's father Late Mahendra Prasad Ram was appointed on the post of Assistant Teacher in the year 1983 along with several others, by the order of the then District Superintendent of Education, Sahebganj. Later, such appointments were declared illegal by the Special Secretary, Dep.ment of Education, Government of Bihar, Patna sometime in the year 1983 -84 and the payments of salary of the petitioner's father and others were stopped. Being aggrieved, the petitioner's father along with other teachers filed a writ petition before the Patna High Court against withholding of their salary vide C.W.J.C. No. 3852 of 1984. While disposing of the writ application by its order dated 19.12.1984, the Court had directed the respondents to pay the salary to the teachers since it was the admitted case of the party that the teachers were continuously working on their respective posts.

(3.) HEARD learned counsel for the petitioner and learned counsel for the Respondents.