IN THE MATTER OF AN APPLICATION Vs. DURGA PATHAK
LAWS(JHAR)-2013-9-43
HIGH COURT OF JHARKHAND
Decided on September 27,2013

In The Matter Of An Application Appellant
VERSUS
Durga Pathak Respondents

JUDGEMENT

- (1.) THE instant interlocutory application has been preferred in this writ application with a prayer for fixing an early date of hearing by enclosing an order contained at Memo No. 276 dated 28th January 2008 issued by the Director, Secondary Education, Government of Jharkhand, Ranchi. This case has been admitted for hearing vide order dated 01st February 2012. Pleadings are complete. Since the counsel for the parties are present, the matter has been taken up for final hearing and is being disposed of.
(2.) IT is the contention of the petitioners that they were trained teachers having obtained teachers' training qualification on 01st January 1982 and were in the waiting list for ad hoc appointment in Bariatu Project High School,Palamau, as per the letter annexed as Annexure 2 dated 03rd March 1983 issued by the Regional Deputy Director of Education, South Chhotanagpur Division, Ranchi. Petitioners had approached this Court with the grievance that the respondents had chosen to fix their salary and scale with effect from 01st April 1986 instead of their initial date of appointment. Learned counsel for the petitioners submits by referring to the office order contained at Annexure 3 dated 23rd March 1983 that these petitioners along with several other teachers were appointed on ad hoc basis in the prescribed scale from the waiting list of such teachers on different dates. In such circumstances, these petitioners are entitled to fixation of their salary as per Para 10 (ka) of the office order dated 28th January 2008 annexed to the instant I.A. as Annexure A/1 issued by the Director (Secondary Education), Jharkhand, Ranchi. In such circumstances, counsel for the petitioners submits that the writ petition has been pending in this Court since 2006 and the matter can be considered at this stage by the respondent no. 3 Director (Secondary Education), Jharkhand, Ranchi in view of the decision contained in the office order dated 28th January 2008. As such, petitioners seek liberty to pursue representation before the respondent no. 3 Director (Secondary Education), Jharkhand, Ranchi for redressal of the aforesaid grievances relating to fixation of their salary in the said school in the manner indicated herein above.
(3.) COUNSEL for the respondent State also submits that if the petitioners approach the respondent no. 3 in the light of the order dated 28th January 2008 and if their cases fall in the category mentioned therein, the respondent no. 3 would take an informed decision in accordance with law after proper verification of the case of the petitioners.;


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