Aparesh Kumar Singh, J. - (1.) Heard counsel for the parties.
(2.) Petitioner is seeking retiral benefit on the strength of his claim that he retired as Assistant Teacher from R.C. Mission Middle School, Kamdara, Gumla on 11.12.2004. The said school is an aided minority school. The petitioner had earlier approached this Court in W.P.S. No.936 of 2003 complaining that his salary has been stopped since October 1993 onwards and also seeking direction upon the respondents to allow him to sign the attendance register. Learned Single Judge dismissed the writ petition on 11.7.2008 stating that writ petition deserves to be dismissed on the ground of latches and inordinate and unexplained delay. However, observation was made that petitioner can agitate before the authorities if arrear of salary is yet to be paid. The petitioner has once again preferred this writ petition seeking payment for the post retirement dues.
(3.) The respondents have taken a categorical stand in their counter affidavit that petitioner was appointed by the Managing Committee, Salegutu Anchal Kamdara w.e.f. 3.1.1970 as untrained teacher in Matric trained scale. Petitioner's appointment was approved by the District Superintendent of Education, Gumla on 10.1.1985 w.e.f. 1.1.1985. However, his proposition statement of payment of salary was rejected by the Director, Primary Education, Ranchi vide memo no. 2253 dated 20.8.2004 as the petitioner was untrained which is against the provision of Government memo no. 14(edu.) dated 26.6.1975 which are annexed as Annexure A and B to the counter affidavit.;