IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 362 of 2011
Md. Furkan Ansari ............ ..... Petitioner
Versus
The State of Jharkhand & Ors. ...... ......... Respondents.
..............
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
..............
For the petitioner : Mr. Nityanand Pd. Choudhary, Advocate
For the State : G.P.I
.............
3/21.06.2011
: In this writ petition, the petitioner has prayed for direction on the
respondents to pay his arrears of honorarium which is due since April,
2008 till date.
According to the petitioner, he was appointed Para Teacher on the
basis of selection made by Aam Sabha of Gram Shiksha Samiti,
Jagdishpur. He accordingly discharged his duty as Para Teacher in
Upgraded Primary School, Jagdishpur w.e.f. 20.1.2007. He was also paid
his honorarium (salary) for discharging his duty as Para Teacher.
However, without issuing any notice or without assigning any reason,
payment of his honorarium was stopped since April, 2008. It has been
stated that the petitioner has been continuously discharging his duty as
Para Teacher in the said school.
A counter affidavit has been filed on behalf of the District
Programme Officer, Jamtara stating, inter alia, that the petitioner’s
appointment was in violation of the guidelines issued by the State
Education Project Council and as such he is not entitled to get
honorarium.
I have heard learned counsel for the parties and considered the
facts and materials on record. It is an admitted fact that the petitioner was
appointed as Para Teacher and he has been discharging his duty since
20.1.2007 and that he was also paid honorarium till March, 2008. It is
also an admitted fact that before stopping payment of honorarium no
notice was given to the petitioner for giving him opportunity of
representation. The reason was also never communicated to him. The
respondents, for the first time, have made this statement in the counter
affidavit that the petitioner’s appointment was not proper and it is beyond
the prescribed ratio of 40:1 (i.e. one teacher for forty students).
Considering the above, this writ petition is disposed of directing
the District Programme Officer-cum-District Superintendent of Education,
Jamtara (respondent No.2) to consider the petitioner’s claim and pass
appropriate reasoned order within a period of six weeks from the date of
receipt/production of a copy of this order.
Shamim/ (Narendra Nath Tiwari, J)