DHAPRU RAI Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2019-11-197
HIGH COURT OF JHARKHAND
Decided on November 11,2019

Dhapru Rai Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

- (1.) Heard the parties.
(2.) The petitioner has approached this Court with a prayer for direction upon the respondents to pay him all his retiral benefits, for which he is legally entitled to receive from respondent-authorities, as the petitioner has superannuated from services on 31.05.2017 but till date he has not received a single penny under the head of retiral benefits. Further prayer has been made for a direction upon the respondents not to take any coercive steps against the petitioner on the basis of letter dated 20.02.2019, issued by the District Superintendent of Education, Giridih.
(3.) The case of the petitioners lies in a narrow compass. In pursuant to an advertisement for the post of Assistant Teacher, the petitioner having the requisite qualifications, had applied for the same and on being declared successful in the recruitment process, joined the said post on 15.09.1980. After joining, the educational certificates of the petitioner were verified and two months thereafter, he started getting his salary. During his service period, the petitioner was transferred to different places. It is the specific case of the petitioner that before four months prior to his superannuation, i.e. on 30.01.2017 a show-cause notice was issued to the petitioner by the District Superintendent of Education, Giridih that in course of verification of the educational certificates, the Deputy Secretary (Vigilance), Bihar School Examination Board, Bihar, Patna had sent letter dated 19.11.2016 that roll code 1440 was not used in the examination of the year 1974(A) and as such, it is forged and petitioner was asked to submit his reply within a week. Again on 03.04.2017, petitioner was asked to submit his reply pursuant to show-cause notice dated 30.01.2017. Immediately thereafter, the petitioner filed his reply categorically stating that educational certificate of the petitioner is genuine and correct and requested the District Superintendent of Education, Giridih to enquire the same from Bihar School Examination Board, Patna and thereafter, the retiral benefits may be given to the petitioner. Thereafter, the Deputy Secretary (Vigilance), Bihar School Examination Board, Patna had sent a letter to the District Superintendent of Education, Giridih on 21.09.2017, wherein he has written that due to inadvertence, wrong verification report was sent and when he made an enquiry, found the following facts: Candidate Name - Dhapru Rai, Roll Code-1440, Roll No. 326, Year 1974 (A), Marks obtained-533, Division-Second;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.