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Jharkhand High Court

Motilal Padit vs Collectariate on 4 March, 2014

Author: Aparesh Kumar Singh

Bench: Aparesh Kumar Singh

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W.P.(S) No.2359 of 2013
     Motilal Padit                           .......                   Petitioner
                              Versus
     The State of Jharkhand & ors.                 ........                    Respondents
                                    ----------

     CORAM:       HON'BLE MR. JUSTICE APARESH KUMAR SINGH

     For the Petitioner           : Mr. Kaushal Kishore Mishra
     For the Respondents          : Mr. Arvind Kumar, J.C. to G.P.II

02/04.03.2014

Heard counsel for the parties.

The petitioner is seeking direction upon the respondents to release the salary/ honorarium in his favour as he claims to be working as Para Teacher in the Upgraded Middle School, Koylabhasha, Fatehpur, Jamtara. According to the petitioner, a Aam Sabha held on 7.12.2007 duly selected the petitioner as Para Teacher. Petitioner claims to have joined the said post, thereafter and has been working to the satisfaction of the authorities. He claims that his selection has been approved by the authorities vide memo no. 193 dated 27.8.2011 w.e.f. 29.3.2010 itself (Annexure-2). He has relied upon Annexure-3 dated 30.8.2011 written by the Chairman, Gram Siksha Samiti stating that he has been working after 30.3.2010. He made representation for release of his honorarium. Thereafter, the Block Education Extension Officer, Fatehpur after conducting an inquiry came to the conclusion that he is discharging his duties after selection on 7.12.2007 and his selection was also recommended by the authority as per the report dated 30.12.2011(Annexure-5). It is submitted that the Block Development Officer called for an explanation as to why the honorarium has not been paid to the petitioner vide memo no. 90 dated 15.2.2012(Annexure-6). It is submitted that the respondent no. 7, Secretary cum Head Master, Gram Siksha Samiti , Upgraded Middle School, Koylabhasha, Jamtara was asked to send the absentee statement of the petitioner so that payments could be made. However, in the meantime, honorarium of Rs. 55,000 in lump sum was paid to the petitioner, but still outstanding salary / honorarium remains due despite representation made by him before the respondent- authorities. Therefore, he has approached this Court .

The respondents have appeared and filed their counter affidavit. Learned counsel for the respondent- State submits that selection of Para Teacher is made for fixed period of one year and the petitioner was selected on the said post by the Village Education Committee of Upgraded Middle School, Koyalabhasha, Block Kundahit on 7.12.2007. However, the Block Education Committee, Kundahit did not approve the selection of the petitioner till 6.12.2008. Therefore, the said selection automatically was set at naught. It has been further stated that there are clear stipulation issued by the State Project Director, Jharkhand Education Project Council, Ranchi through letter dated 30.3.2010 that no approval or joining of any such Para Teacher who has been selected should be made after 30.3.2010. However, it is stated that the petitioner got his name approved by the Block Education Committee, Kundahit but he could not join in the light of the aforesaid letter dated 30.3.2010. It is further submitted that in view of the letter dated 1.7.2010 of the State Project Director, Jharkhand Education Project Council, Ranchi, after coming into force of Right to Free and Compulsory Education Act, 2009, only those persons who have training qualification, shall be engaged as Para Teacher w.e.f. 1.7.2010. It is further submitted that the petitioner approached the Block Education Extension Officer, Kundahit, who vide letter no. 193 dated 27.8.2010 directed the President/ Secretary of the Upgraded Middle School, Koyalabhasha to clarify whether the petitioner had joined pursuant to the approval w.e.f 29.3.2010. The Head Master of the said school categorically replied that petitioner has neither joined the said school nor he is working as Para Teacher in the school in question.

In-spite of the absence of any absentee report of the Head Master, the Block Education Extension Officer, without any authority of law, illegally made payment of Rs. 55,000/- to the petitioner. The Head Master of the school on coming to know of this fact, preferred a representation before the Deputy Commissioner cum Chairman, Jharkhand Education Project Council, Jamtara for taking appropriate action in the matter. The District Superintendent of Education was directed to inquire into the matter. After -3- obtaining response of the Block Education Extension Officer, Kundahit as also direction issued to stop payment of further honorarium to the petitioner vide letter dated 18.10.2010, it has been found by the respondents that the Block Education Extension Officer, Kundahit had in fact acted in collusion with the petitioner in making payment of Rs.55,000/- as honorarium. Therefore, pursuant to the direction of the Regional Deputy Director of Education, Santhal Parganas, Dumka vide memo no. 302 dated 13.5.2013 steps have been taken for recovery of the said amount and charge-sheet has been framed under 'Prapatra Ka' against the said Block Education Extension Officer, Kundahit namely Sri Chhabilal Sah.

Therefore, according to the respondents, there is no truth in the contention of the petitioner that his selection was approved in proper manner by the Block Education Committee prior to 31.3.2010 and that he has joined in the said school to claim honorarium as Para Teacher.

I have heard counsel for the parties and gone through the relevant materials available on record. It appears that the petitioner was selected on 7.12.2007 by the Village Education Committee for the post of Para Teacher, however the said selection was approved as per the petitioner only by the letter issued on 27.8.2011 w.e.f. 29.3.2010. It is apparent from the direction issued by the Jharkhand Education Project Council which are enclosed to the counter affidavit as Annexure-A dated 30.3.2010 that no such selection of Para Teacher could have been made after 31.3.2010 upon coming into force of the Right to Free and Compulsory Education Act, 2009. There were clear stipulation made that no such approval or joining of any Para Teacher can be made after 1.7.2010 as the mandatory requirement of training has been laid down under such Act.

On the other hand, respondents have profusely made reference to the inquiries made relating to the joining and discharge of duties as alleged by the petitioner and stated that neither was absentee chart available in respect of petitioner's discharge of duties nor the Head Master was aware of any such duty performed by the petitioner in the school in question. The Head -4- Master of the school in fact appears to have stated that the petitioner has neither joined nor was working as Para Teacher in the school under him. The Head Master himself reported the matter before the Deputy Commissioner on coming to know that payments of honorarium to the extent of Rs. 55,000/- has been made to the petitioner. Thereafter, the District authorities of Jamtara have proceeded to recover the amount illegally paid to the petitioner and also framed charge sheet against the said Block Education Extension Officer, who was responsible for making such payment.

Therefore, the whole claim of the petitioner that his services were duty approved by the Block Education Committee and that he submitted his joining are based on seriously disputed question of facts. In such circumstances, in exercise of writ jurisdiction, no determination of the claim of the petitioner can be made. The writ petition being devoid of merit is accordingly, dismissed.

(Aparesh Kumar Singh, J.) A. Mohanty