Document Fragment View
Fragment Information
Showing contexts for: selection process completed in Abhishek Kumar vs The State Of Jharkhand on 1 July, 2024Matching Fragments
(a) 543 para teachers who were selected as per prescribed norms and procedure were to be permitted to continue to work but be paid after approval of the concerned administrative-cum-disciplinary authority in terms of the Service Rules of 2021.
(b) Recruitment of 113 teachers was alleged to be procedurally irregular by stating that their selection process was not complete and were to be treated as special case and their services were to be continued after approval of the concerned administrative-cum- disciplinary authority in terms of Service Rules of 2021.
(c) Recruitment of remaining 399 teachers was alleged to be illegal as neither they had the requisite qualifications nor their selection process was complete and accordingly, they were proposed to be terminated.
21. Service Rules of 2021 were framed under Article 309 of the Constitution of India by the Hon'ble Governor of Jharkhand vide notification dated 14.02.2022, wherein it has been prescribed that the para teachers who were working under SSA would now be known as assistant teachers and will be governed by the Service Rules of 2021. 'Para teachers' have been defined under section 3(v) to be those teachers who have been appointed by Village Education Committee under SSA on contractual basis on honorarium and 'Assistant Teacher' has been defined under Rule 3(vi) to be those teachers who are found working under SSA. The salient features of Service Rules of 2021 which are relevant for the purposes of the present case are: -
24. In such circumstances, in terms of the 64th committee meeting of the State Executive Committee, the 543 para teachers who were selected as per prescribed norms and procedure were permitted to continue to work but were to be paid after the concerned administrative-cum-disciplinary authority approved their service in terms of the Service Rules of 2021; with respect to 113 teachers, there was allegation of procedural irregularity/ non-completion of selection process and they were treated to be special case and their services were to be continued after approval of the concerned administrative-cum- disciplinary authority in terms of the Service Rules of 2021 and further, with respect to 399 teachers whose services were alleged to be illegal for want of requisite qualification/ non-completion of selection process, they were proposed to be terminated.
25. Since all the petitioners have claimed that they have been stopped from working by virtue of the 64th committee meeting, it is apparent that their case do not fall amongst aforesaid 543 teachers who were permitted to continue to work rather the cases fall either amongst the case of aforesaid 113 teachers who were to be continued after approval of the concerned administrative-cum- disciplinary authority in terms of the Service Rules of 2021 or amongst the case of 399 teachers whose services were to be terminated for not having requisite qualification coupled with non-completion of selection process. The records of the case do not reflect as to whether the name of one or the other petitioner(s) fell amongst 113 candidates who were to be treated as special case or amongst 399 candidates whose services were to be terminated.