Jharkhand High Court
Sorina Kerketta vs The State Of Jharkhand Through The ... on 20 February, 2018
Author: S.N. Pathak
Bench: S. N. Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 194 of 2018
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Sorina Kerketta ... 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 Sr. SC-III
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03/ 20.02.2018 The petitioner has approached this Court with a prayer for directing the
respondents to pay the arrears of salary from 02.09.2013 to 17.02.2014, 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 brief facts of the case is that the petitioner gave her joining on 23.12.1999 as Assistant Teacher in Primary School, Barheta, Muzaffarpur (Bihar and thereafter, she was transferred to Govt. Middle School, Sarfuddinpur in the year 2004 in same district. It is the further case of the petitioner that in light of Section 3 of the Bihar Reorganization Act, 2000 the petitioner was mutually transferred to the State of Jharkhand vide order dated 30.05.2013, issued from the Department of Home (Special), Govt. of Bihar. Thereafter, the District Programme Officer (Estb.), Muzaffarpur has also issued memo dated 31.08.2013, mentioning therein that the services of the petitioner has been allocated to the State of Jharkhand and as such, the petitioner was relieved to joined her transferred post. Thereafter, the petitioner gave her joining in the Office of Director, Primary Education, Jharkhand at Ranchi on 02.09.2013 and then, the Director, Primary Education, vide its letter dated 17.02.2014 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 18.02.2014 and thereafter, in response to the letter dated 22.05.2014, issued from the office of District Superintendent of Education, Ranchi, the petitioner gave her joining at Govt. Middle School, Paramveer Albert Ekka, Ranchi. It is the further case of the petitioner that thereafter, the petitioner gave her joining to the Regional Education Officer, Sadar on 25.06.2014 and the Regional Education Officer, Sadar, Ranchi allowed her to join in the said School on 25.06.2014 itself. It is the specific case of the petitioner that vide letter dated 27.08.2014, the District Superintendent of Education, Ranchi has requested the Director, Primary Education, Ranchi for giving Absentee Statements of the petitioner along with other similarly situated Teachers, so that salary for the aforesaid period may be paid to her and others. It is the further case of the petitioner that she has given several representations before the Director, Primary Education for regularizing the period of service from 02.09.2013 to 17.02.2014 and also payment of the arrears of salary of the aforesaid period. When no orders were passed on her pending representations, the petitioner has no option but to approach this Hon'ble Court by filing in 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 Jharkhand & Ors.) and the present writ petition may be disposed of in view of order passed 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/