YUVA SHAKTI MANCH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) REFERENCE may made to the order dated 22.5.2009, which reads as under: This unit petition has been filed in public interest raising a grievance which is somewhat extraordinary. It has been submitted that a school teacher, namely, Ashok Bharti, who is a duty appointed Assistant Teacher, has been appointed a Junior Engineer to supervise the construction of 124 buildings for the school under Peterwar and Gomia blocks. In tins regard, a show cause notice has also been issued by the Deputy Director, Education, calling for an explanation from the District Superintendent of Education, Bokaro under what authority of law he had issued an order appointing a school teacher as Junior Engineer to supervise the construction of 124 school buildings in the two blocks. Prima facie, the action of the District Superintendent of Education appointing a school teacher as Junior Engineer to supervise 124 school buildings, in spite of the fact that the Junior Engineers in the Public Works Department are already available, is against all the settled norms and rules. Hence, we direct that the respondent No. 8 Ashok Bharti, who is essentially and a duly appointed Assistant Teacher in Bangla Girls Middle School, Sadam Anchal, Bokaro, shall stop discharging duties of a Junior Engineer and he is directed to hand over the charge of supervision of the construction of124schools buildings under the Blocks to the Public Works Department and the Public Works Department shall ensure that a Junior Engineer is deputed/posted to supervise the construction of 124 school buildings in the two blocks. The District Superintendent of Education, Bokaro is directed to file reply to the show cause notice issued to him by the Deputy Director, Education by letter dated 14.11.2006 as contained in Annexure -8. If he has already filed the reply, then the order passed by the Deputy Director, Education on Ids show cause be furnished to the Court on the next date. The petition be listed again on 26.5.2009. The respondents shall also report compliance of this order by the next date.

(2.) LEARNED Counsel for the petitioner submitted that the respondent No. 8 is still working in other blocks and in Kasturba Gandhi Project of the whole districts. It is further submitted that most of the construction have been partly made and even some places there are no construction but me entire fund has been released by District Superintendent of Education and other concerned authorities.

(3.) PUT up this case on 31th July, 2009.