BALRAM PRASAD SINGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2003-7-48
HIGH COURT OF JHARKHAND
Decided on July 24,2003

Balram Prasad Singh Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has prayed for quashing the order dated 16.5.2002 passed by respondent No. 2, Secretary, Secondary Education, Human Resources Department, Government of Jharkhand, Ranchi whereby the request of the petitioner for making payment of his salary from May, 1998 onwards has been rejected and further a direction has been issued to the Director, Secondary Education to initiate a proposal for termination of the services of the petitioner.
(2.) PETITIONER 'scase is that he is B.Sc. in Silk Technology. In response to the advertisement the petitioner applied and was appointed as Laboratory Assistant, and posted at S.S. High School, Kuru, Ranchi. The petitioner submitted his joining on 21.7.1993. The Director, Secondary Education, vide letter dated 9.12.1993 confirmed the appointment of the petitioner as Lab Assistant, Sericulture. It is contended by the petitioner that he has regularly been paid salary but all of a sudden his salary was stopped from April, 1998. It is stated that the petitioner moved this Court by filing CWJC No. 383/2001 for a direction to the respondents for payment of salary. The writ application was disposed of on 25.1.2001 directing the District Education Officer to consider the case of the petitioner and pass order for payment of salary. In compliance of the said order the request of the petitioner for payment of salary has been rejected by the impugned order. The case of the respondents is that the petitioner was appointed for S.S. High School, Kuru but instead of joining there he submitted his joining in Gandhi Memorial High School, Kuru which, according to the respondents, is another school which is not + 2 and vocational school and there was no post of Lab Assistant there in Sericulture. The contention of the respondents is that the petitioner 's appointment was against a non -existing school and with the connivance of the local authorities the petitioner submitted his joining in a school where post of Lab Assistant was not in existence and, as such, the salary paid to the petitioner was wrong.
(3.) THIS matter was heard on 3.1.2003 and this Court passed the following order : "Counsel for the petitioner is allowed eight week 'stime to file supplementary affidavit enclosing photostat copy of advertisement, the letter of interview and order of appointment to find out whether he was appointed after following the procedures or not. Place the case for admission in the month of April, 2003." ;


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