In the High Court of Jharkhand at Ranchi
W.P.(S) No.2764 of 2003
Bachneshwar Jha.......................Petitioner
VERSUS
State of Jharkhand and others.....Respondents
CORAM: HON'BLE MR. JUSTICE R.R.PRASAD
For the Petitioner : Mr. Atanu Banerjee
For the Respondents: Mr. A.K.Sahay
3. 20.10.08
The petitioner was originally employed as clerk in Tenughat
Dam Division under Water Resources Department but later on the
petitioner was asked to teach the students of River Valley Project High
School, Tenughat as the petitioner was having post graduate degree in
Sanskrit and in that way the petitioner has been teaching Sanskrit to
the students of the said school since 1983. Since the petitioner was
doing the teaching job, he made representation at several occasions to
the authorities for redesignating him as Assistant Teacher and also to
pay regular salary in the scale of Assistant Teacher but that prayer was
never acceded to, as a result of which, the petitioner is not getting
salary of the Assistant Teacher though he has been doing teaching job
since 1983 and therefore, the petitioner, finding no way out, has filed
this writ application for a direction to the authorities to take decision in
the matter of redesignating him as Assistant Teacher and to pay salary
in the scale of Assistant Teacher.
Further case of the petitioner is that the Managing Committee in
its meeting held on 19.1.2001 has taken a resolution for
recommending the matter before the competent authority for
designating the petitioner as Assistant Teacher and also for payment
of salary in the scale of Assistant Teacher but no decision was taken in
this regard .
2
Counter affidavit has been filed on behalf of the respondents
wherein statement made with respect to appointment of the petitioner
initially as a clerk and then discharging the job of the teacher in the
River Valley School has been admitted. However, it has been stated
that decision for redesignating him could not be taken as the petitioner
has been working in the work charge establishment and there has
been no rule/circular under which, person holding the post of work
charge can be appointed on the regular post and as such, petitioner is
not entitled for the same.
As against that, learned counsel appearing for the petitioner
submits that stand taken by the respondents is wholly incorrect as at
least three persons, namely, Ladu Kewat, Haren Chandra Day and
Tushar Kanti Day who were working in work charge establishment
have been appointed as Assistant Teacher in regular cadre and are
getting salary in the scale of Assistant Teacher.
Having heard learned counsel appearing for the parties it does
appear that there has been no dispute that the petitioner has been
working as a teacher in River Valley Project High School, Tenughat
since 1983 and has been discharging his duties satisfactorily and that
some of the persons similarly situated doing the same job of teaching
are getting salary in regular scale and also getting officiating
allowance, whereas the petitioner is being not paid salary under that
scale though he has been discharging the same duty.
Under this situation, the petitioner is directed to make a fresh
representation before the Secretary, Water Resources Department,
Ranchi, respondent no.2 along with a copy of this order within four
weeks and the respondent no.2 would be taking decision after giving
due consideration of the fact that some of the similarly situated
persons have been given regular posts of Assistant teacher on receipt
of the representation along with a copy of this order within six weeks.
3
With the aforesaid direction, this writ application is disposed of.
( R. R. Prasad, J.)
ND/