Jharkhand High Court
Pushpa Kumari vs The State Of Jharkhand Through The ... on 27 February, 2018
Author: S.N. Pathak
Bench: S. N. Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 337 of 2018
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Pushpa Kumari .... ...... Petitioner
Versus
1. The State of Jharkhand through the Secretary, Human Resources Development Department, Govt. of Jharkhand, Ranchi
2. The Director, Primary Education, School Education & Literacy Department, Govt. of Jharkhand, Ranchi.
3. The District Superintendent of Education, Ranchi.
.... ..... Respondents
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CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK
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For Petitioner : Mr. Vishal Kumar Tiwary, Advocate
For Respondents : JC to GP-II
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04/ 27.02.2018 The petitioner has approached this Court with a prayer for directing the
respondents to pay the arrears of salary from 26.12.2011 to 10.02.2012, which has not been paid to the petitioner as the petitioner was waiting for her posting after Inter-State Mutual Transfer. Further prayer has been made for a direction upon the respondent No. 2 to regularize the services of the petitioner, as the payment of salary of the waiting period can only be made after regularization of the services of the petitioner.
2. The facts of the case as has been delineated in the writ petition is that the petitioner gave her joining on 21.11.1994 as Assistant Teacher in Shri Buddhan Choudhary Smarak Middle School, Nokha Block, Garhnokha, District Rohtas (Bihar) and thereafter, in light of Section 3 of the Bihar Reorganization Act, 2000, she was transferred to State of Jharkhand in the year 2011, on mutual transfer basis vide letter dated 30.06.2011, issued from the Department of Home (Special), Govt. of Bihar. Thereafter, the petitioner gave her joining in the Office of Director, Primary Education, Jharkhand at Ranchi on 26.12.2011 and then, the Director, Primary 2 Education, vide its letter dated 06.02.2012 gave district posting to petitioner along with other similarly situated teachers. After issuance of the aforesaid letter, the petitioner gave her joining in the office of District Superintendent of Education, Ranchi on 11.02.2012 and thereafter, in response to the letter dated 22.07.2013, issued from the office of District Superintendent of Education, Ranchi, the petitioner gave her joining at Govt. Middle School, Kalyanpur, Ranchi on 29.07.2013, which was accepted by Incharge Head Mistress of the said school. It is further stated that the Director, Primary Education had written letter to District Superintendent of Education, Ranchi by which he has asked the Absentee Statement of the petitioner from him so that the services of the petitioner may be regularized. Subsequently, the DSE Ranchi had written letter to the Director, Primary Education mentioning therein the petitioner's period for waiting for posting at Director's office and also recommended for further action to be taken for regularization of services of the petitioner by the office of Director, Primary Education. It is the specific case of the petitioner that similarly situated other persons, who were also mutually transferred, have been already been regularized by the Director, Primary Education but the petitioner has been denied the said benefits. Hence, the petitioner has preferred the instant writ application for redressal of her grievances.
3. At the very outset, learned counsel for the petitioner submits that this writ application is squarely covered by the order dated 04.10.2017, passed by this Hon'ble Court in W.P.(S) No. 5606 of 2017 (Madhu Kumari Vs. State of Jharkhand & Ors.). Learned counsel further submits that this case may be disposed of in terms of order passed in the aforesaid case.
4. Though no counter-affidavit has been filed on behalf of the respondents but learned counsel appearing on behalf of the respondents very fairly submits that issues involved in this writ petition has already been decided by this Hon'ble Court in its order passed in W.P.(S) No. 5606 of 2017 (Madhu Kumari Vs. State of 3 Jharkhand & Ors.) and the present writ petition may be disposed of in view of order passed in above mentioned case.
5. Be that as it may, without entering into the merits of the case, I hereby direct the respondent-authorities to verify the factual aspects/ issue involved in the present writ petition vis-à-vis factual aspects/ issue involved in W.P.(S) No. 5606 of 2017 (Madhu Kumari Vs. State of Jharkhand & Ors.) and if the facts/ issues involved in the present writ petition is found to be similar to the writ petition mentioned above, the same benefits may be extended to the present writ petitioner also, in accordance with law, within a period of six weeks from the date of receipt/ production of a copy of this order.
6. With the aforesaid observations, this writ petition stands disposed of.
(Dr. S.N. Pathak, J.) kunal/