YAGYANAND PATHAK Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-10-59
HIGH COURT OF JHARKHAND
Decided on October 18,2013

Yagyanand Pathak Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

- (1.) The petitioner has approached this court seeking the following reliefs. (i) For commanding upon the respondents concern specially respondent No. 4 for the payment of arrear of salary due since January, 1996 immediately and forthwith and (ii) For further direction to the respondents to approve the appointment of the petitioner who has been appointed by the Managing Committee of G.E.L. High School, Kochedega against sanctioned post on 06.01.1996. (iii) To quash the letter No. 2610 dated 10.05.2010 issued under the signature of the Director (Secondary Education) Jharkhand, Ranchi as well as letter No. 370 dated 02.02.2011, issued under the signature of the Director, Secondary Education, Jharkhand and to grant approval of his appointment from the date of passing of his teachers training from recognised university and date of his appointment. The brief facts of the case as disclosed in the writ petition are that, the petitioner was appointed as Assistant Teacher on 10.01.1996 pursuant to decision taken by the governing body of G.E.L. High School, Kochedega, Simdega dated 05.01.1996. It has been stated that the said school was recognised in the year, 1979 itself and there were 09 approved posts. An advertisement was issued on 15.12.1995 and the petitioner had appeared and pursuant to the said selection process, the petitioner was appointed as Assistant Teacher in the said school.
(2.) Since the matter of approval of appointment of the petitioner remained pending with the State Authorities and the petitioner was not paid salary, the petitioner approached this court by filing the present writ petition on 21.06.2006 with the aforesaid prayers.
(3.) In the meantime, the service of the petitioner was not approved pursuant to a decision taken on 28.09.2007. The said " decision has been impugned by the petitioner by filing an interlocutory application which was allowed by order dated 16.01.2012. A counter-affidavit, rejoinder affidavit and supplementary affidavit have been filed on behalf of the parties.;


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