IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.2363 of 2011
With
W.P. (S) No.2527 of 2011
With
W.P. (S) No.2701 of 2011
With
W.P. (S) No.2755 of 2011
Anita Tirkey & Ors. ......Petitioners.
[In W.P.(S) no.2363/2011]
Beronica Kujur. ......Petitioner.
[In W.P.(S) no.2527/2011]
Paul Tirky. ......Petitioner.
[In W.P.(S) no.2701/2011]
Soni Gunjan Tirkey & Ors. ......Petitioners.
[In W.P.(S) no.2755/2011]
Versus
The State of Jharkhand & Ors. .......Respondents.
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioners : Mr. Amit Kumar Das, Advocate.
(In all cases)
For the State : J.C. to G.P.III
02/08.07.2011
: Since this batch of writ petitions raise common grievance
against the same respondents, the same have been taken up
together and being disposed of by this order.
In these writ petitions, the petitioners have confined their
prayer, seeking direction on the respondents to make payment
of current salary as well as arrears of salary from February, 2010.
It has been stated that the petitioners are teachers in their
respective schools. They were appointed years ago as Assistant
Teachers and had been getting their salary regularly. The
petitioners have been discharging their duties to the satisfaction
of the concerned authorities, but since after February, 2010,
salary has not been paid to them.
Learned counsel for the petitioners submitted that the
petitioner’s salary has been arbitrarily stopped without informing
any reason to them. However, it is now being told that the salary
is pending due to nonfixation of their pay by Respondent no.3. It
has been submitted that the salary of other teachers of the
school is being paid, but the petitioners have been discriminated
against. There is no legal justification for withholding the
petitioners’ salary on the alleged ground. The petitioners have
2
been put to suffer unnecessary harassment and financial
hardship for their no fault.
Learned J.C. to G.P.III, appearing on behalf of the
respondents, submitted that the District Superintendent of
Education, Ranchi is the competent authority to consider the
petitioners’ grievance and pass appropriate order and if the
petitioners file representation before the said authority, the same
shall be considered and appropriate order shall be passed.
Considering the above, these writ petitions are disposed
of, giving liberty to the petitioners to file representation, along
with a copy of this order, before the District Superintendent of
Education, Ranchi Respondent no.4. On receipt of the
representation, the said respondent shall consider the same and
pass appropriate order in accordance with law within four weeks
from the date of receipt of the representation.
If the petitioners are found working and there is no legal
order for withholding their salary, the said respondent shall take
immediate step for payment of arrears of salary as well as
current salary to the petitioners at the rate of salary last paid to
them, till final fixation of their salary. The admitted arrears of
salary shall be paid to the petitioners within two weeks from the
date of disposal of the representation. The respondents shall also
pass final order of fixation of the petitioners’ pay scale,
according to their entitlement, within two months thereafter.
(Narendra Nath Tiwari, J.)
Sanjay/