ASHOK KUMAR THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Anil Kr. Jha, learned counsel for the petitioner and Mr. Navneet Toppo, learned A.C. to G.A. appearing for the respondents.

(2.) This writ petition has been preferred by the petitioner for commanding upon the respondents to appoint the petitioner for assistant teacher. It is stated in the writ petition that the petitioner was appointed as Assistant Teacher on 31.05.1982. The appointment letter was issued on 31.05.1982 and in pursuance to the appointment letter he joined his service on 03.06.1982 as Assistant Teacher in a primary School, Salgati, Mohanpur (within Deoghar District). The petitioner and some others have been removed from their services by an order which is issued in the year 1987. Against the removal order the petitioner and some others moved before the Patna High Court and after hearing the parties the writ petition was dismissed. They challenged it in the LPA which was also dismissed by the Patna High Court. And the order of LPA was challenged before the Hon'ble Supreme Court in S.L.P. Nos. 10634-36 of 1993 and after hearing the parties the Special Leave Petition has been allowed with an observation. Pursuant to that directions and observations the petitioner and other similarly situated teachers were examined by the concerned Director, Primary Education Bihar Patna vide letter dated 29.10.1994 whereby an order has been passed by the concerned Director, Primary Education Bihar, Patna wherein the claim of the petitioner for re-appointment was rejected on the plea that he was found under age and the said order dated 29.10.1994 was challenged before the Patna High Court in C.W.J.C. No. 5069 of 1997 and the matter was disposed of after hearing the parties vide order dated 26.08.1998 with a direction to the Director, Primary Education, Bihar, Patna to consider the case of the petitioner afresh on the basis of corrected certificate and pass an appropriate order in accordance with law. The petitioner was also directed to produce the original corrected certificate before the Director so that final order can be passed without any further delay in accordance with law. It is further submitted that pursuant to order passed on 26.08.1998 in C.W.J.C. 5069 of 1997 the petitioner again filed respective representations before the authorities and the concerned authority and the Director, Primary Education, Bihar, Patna conceded that a waiting list for re-appointment is being prepared by the concerned authority in pursuance of the order dated 26.08.1998 in C.W.J.C. no. 5069 of 1997.

(3.) It is found that the date of birth of the petitioner be rectified as 06.01.1964 in place of 06.10.1964. Thereafter, the petitioner approached the Director Primary Education, Government of Jharkhand and requested him to receive the said representation but the Director Primary Education, Government of Jharkhand, Ranchi gave a verbal order to the petitioner to submit representation before the concerned Assistant whereon application and representation used to receive which is called as Dak thereafter the petitioner approached to the concerned Assistant and requested to him to receive his representation but the concerned Assistant refused to receive the same. Then the petitioner sent the same through registered Post with A.D. to the Director Primary Education, Government of Jharkhand, Ranchi. The respondent no. 2 pursuant to order dated 06.10.2007 passed in Contempt (Civil) Case No. 352 of 2005 passed an order dated 12.12.2008 whereby the claim of the petitioner has been rejected.