SAROJINI KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Amit Kumar Sinha, learned counsel for the petitioner, Mr. Satish Bakshi, learned counsel for the respondents-School and Mr. Mukesh Kumar Sinha, learned Sr. S.C. II for the respondents-State.

(2.) This case has got a chequered history. The petitioner, who was the teacher in Shree D.N. Kamani High School, Bistupur, Jamshedpur (herein after referred to as 'school') was terminated in the year 1999, against which, the petitioner approached this Court by way of filing C.W.J.C. No. 243 of 2000, which was disposed of vide order dated 15.01.2003 with a direction to Vidyalaya Sewa Board to dispose of the matter relating to approval of the dismissal of the petitioner within a period of two months by passing a speaking order. Being aggrieved, the school in question preferred appeal by filing L.P.A. No. 106 of 2003. In the meantime, Vidyalaya Sewa Board refused to approve the said termination order of the petitioner, aggrieved thereof, the school preferred writ petition, being W.P. (S) No. 3313 of 2004. This Court considering the fact that common question of law and facts are involved in L.P.A. No. 106 of 2003 and W.P. (S) No. 3313 of 2004, disposed of both the cases by common order vide order dated 04.01.2005 and set aside the order of termination as also the order passed by Vidyalaya Sewa Board, however, liberty was reserved with the Managing Committee of the school to proceed against the petitioner from the stage of serving of charge-sheet and conclude the proceeding within a period of four months.

(3.) In the meantime, the District Education Officer vide letter no. 507 dated 21.04.2005 recommended for cancellation of minority status of the school and for stopping of the government aid granted to it on the ground that in spite of order passed in L.P.A. No. 106 of 2003 quashing the order of termination, the petitioner-teacher is not permitted to work in the school and stated that arrears of pay has to be made by the school management. Being aggrieved, the school preferred a writ, being W.P. (S) No. 2878 of 2005. However, pending hearing of this writ petition, the school management proceeded with the departmental enquiry and again terminated the petitioner from services vide order dated 05.10.2005 and the order of termination was sent by the Management to the Director, Secondary Education for approval. Taking cognizance of the matter, the writ Court disposed of the writ petition, W.P. (S) No. 2878 of 2005 vide order 25.07.2006 directing the Director, Secondary Education to take into consideration the validity of the order of termination by passing a reasoned order in the matter of approval of the order of termination sent by the Management. Pursuant thereto, the Director, Secondary Education, after hearing the parties, passed order dated 24.07.2007, by which he declined to accord approval of dismissal order passed by the school, which was communicated to the petitioner vide memo dated 26.09.2007. But, surprisingly, the same authority i.e. the Director, Secondary Education, passed order dated 16.07.2008, by which, he cancelled the order dated 24.07.2007 passed by his predecessor, and approved the order of termination dated 05.10.2005 passed by School Management. Being aggrieved by order dated 16.07.2008, the petitioner-teacher has filed W.P. (S) No. 4139 of 2008. Here, it would be worthy to mention that being aggrieved with order dated 26.09.2007, the school management had also filed W.P. (S) No. 6205 of 2007, which subsequently withdrawn on 17.10.2008 after passing of impugned order.