SUKUMAR NATH JHA Vs. YOGADA SATSANG MAHAVIDYALAYA

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the Yogada Satsang Mahavidyalaya, Ranchi.

(2.) The appellant is aggrieved by the impugned judgment dated 29.1.2010, passed by the Jharkhand Education Tribunal, Ranchi, (hereinafter referred to as the "Tribunal"), in Case No.34 of 2009 (JET), whereby the application filed by the appellant challenging his termination of services from respondent college, has been dismissed by the Tribunal. The Tribunal has held that the matter of the appellant had been dismissed by the High Court in CWJC No.1544 of 1999 (R), L.P.A. No.539 of 2002 and finally in Civil Review No.2 of 2008. As such, the application of the petitioner was barred by the principles of res-judicata and/or constructive res-judicata, and could not be adjudicated by the Tribunal. The Tribunal has also, by way of passing remarks, stated that the appellant had been chasing and struggling to regain his job since the year 1993, which was on temporary basis and not against any substantive vacancy, which was never confirmed. As such, all these 17 years since 1993 to 2009, he had wasted his time, money and energy.

(3.) The facts of this case lie in a short compass. The appellant was initially appointed on 11.9.1984 on provisional basis as a Library Book Sorter, in respondent Yogada Satsang College, Ranchi. On 30.5.1990, he applied for extraordinary leave for six months without pay, which was allowed, but thereafter, in spite of several applications given by the appellant to allow him to join his service, he was not allowed to join the service. Ultimately, the appellant received a letter dated 8.11.1991 issued by the Secretary of the Yogada Satsang College, intimating him that he had been appointed for three months on a consolidated salary of Rs.900/- per month, and that appointment was also continued till 16.12.1993 with artificial breaks, and ultimately, by order dated 16.12.1993, he was informed by the Management of Yogda Satsang College, that his services were no longer required from 17.12.1993.