JUDGEMENT
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(1.) Heard learned counsel for the parties.
(2.) The present petitioner could not receive recognition of his service in Project Girls High School, Jainagar, Koderma in view of
the report of Three Man Alam Committee on the post of Peon for
the reason that two sanctioned post of peon in the school in
question were already filled up by posting of two peons appointed
on compassionate ground in 2002 and 2005 respectively by the
respondents. Three Man Alam Committee report at Annexure -7 so
far it relates to present petitioner is under challenge in the instant
writ petition by virtue of I. A. No. 5459 of 2013 having been
allowed vide order dated 13.08.2013. Petitioner has been shown
to have been appointed on 30.12.1984 in the school, which was
selected on 23.05.1985 by Three Man Committee earlier
constituted by Government of Bihar vide letter no. 142 dated
23.02.1985. Petitioner is shown to have VIIIth Pass in the report.
(3.) In these background facts, petitioner has sought similar consideration as accorded by this Court in W. P. (S) No. 4219 of
2011 in the case of Lakhpat Yadav Vs. State of Jharkhand vide judgment dated 30.10.2015. Petitioner Lakhpat Yadav was an
another peon appointed by the management of the school on
20.12.1983 with 9th pass qualification, who was not granted recognition of service on the same ground by the respondent
pursuant to Three Man Alam Committee report. This Court by a
detailed judgment dated 30.10.2015, Annexure -9 passed in the
case of Lakhpat Yadav (Supra) had directed the respondent no. 2,
Director (Secondary Education, Human Resources Development
Department (now Department of School Education and Literacy) to
take a decision in the matter in accordance with law after taking
into account the relevant attendant material facts and observation
made in the said case. Counsel for the petitioner has therefore
sought for similar relief in the instant matter.;
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