Ashok Verma v. State of Jharkhand through the Secretary, Human Resource Department, Government of Jharkhand
2013-09-13
APARESH KUMAR SINGH
body2013
DigiLaw.ai
Order Heard counsel for the parties. 2. Petitioners herein have sought direction upon the respondents to confirm their services as Para Teacher of Upgraded Primary School, Bagduba, Sarath and Upgraded Middle School, Karehiya, Sarath in the district of Deoghar. 3. Petitioner in WPS 7002/11) claims to have been selected by the Village Education Committee on 15th July 2008 as per direction of the respondent authorities, while petitioners in WPS 7353/11 claim to have been recommended for appointment as Para Teacher by the Village Education Committee on 18th September 2009. 4. Petitioners herein have sought direction upon the respondents to pay honorarium amount from 15th July 2008 and 18th September 2009 respectively, till date they have discharged their duties as Para Teacher in respective centres, which according to them, they are fully entitled in law. 5. Respondents in WPS 7002/11 have taken a stand that the selection of this petitioner was never approved by Block Education Committee. Therefore, his contention that he has been working with effect from 15th July 2008, is apparently incorrect. It has been further stated on their behalf that after coming into force of The Right of Children to Free and Compulsory Education Act, 2009 with effect from 01st April 2010, the minimum qualification of a Para Teacher has been laid down as Intermediate Trained. Therefore, this petitioner without having the requisite qualification of Intermediate Trained, is not working as a Para Teacher, neither his name has been approved by the Block Education Committee, Sarath. 5. Petitioner in his response, has brought on record through their rejoinder a photocopy of the attendance register duly certified by the President and Secretary of the aforesaid school. According to them, the petitioner has been discharging his duty as a Para Teacher. 6. Respondents in WPS No. 7353/11 have also taken a similar stand. According to them, the Block Education Committee, Sarath in its meeting held on 29th March 2010, while considering the cases of such persons including the petitioners selected by the Village Education Committee of different schools of Sarath Block, did not approve the name of the petitioner. It is the contention of the respondents that these petitioners do not have the requisite qualification of Intermediate Trained and therefore, are not working as Para Teacher and their names have also not been approved by the Block Education Committee, Sarath.
It is the contention of the respondents that these petitioners do not have the requisite qualification of Intermediate Trained and therefore, are not working as Para Teacher and their names have also not been approved by the Block Education Committee, Sarath. The requirement of intermediate trained qualification is mandatory in view of the provisions of the Act of 2009 which has been reiterated by the respondents in the instant case also. 7. In response, petitioners through their rejoinder, have stated that they have been continuously working as Para Teacher in the aforesaid school since 30th March 2010, for which, Secretary, President and Mukhiya of the village have given certificate to that effect which is annexed as Annexure-1 to the rejoinder affidavit. In such circumstances, learned counsel for the petitioners has submitted that the respondents have without any justifiable basis, withheld the salary of these petitioners and also not confirmed their services as Para Teacher, though they have been selected prior to coming into force of the Act of 2009. 8. Heard counsel for the parties at some length. From the submission made on behalf of the parties, it appears that the issue needs to be addressed by the competent authority i.e. Deputy Commissioner, Deoghar (Respondent No. 2), so far as claim of these petitioners relating to confirmation of their services as Para Teacher in respective centres is concerned as also in respect of claim of honorarium by these petitioners on the ground that they have been working in the said school. 9. In such circumstances, the matter requires verification and also scrutiny of the records of the individual petitioners. Accordingly, the writ petition is disposed of by allowing the petitioners to approach the Deputy Commissioner, Deoghar (Respondent No. 2) with individual representations together with all supporting facts and documents for redressal of the aforesaid grievances, within a period of three weeks. On receipt of such representation, the Deputy Commissioner, Deoghar shall consider the same in accordance with law and after verification of the relevant records, pass a reasoned and speaking order, within a period of twelve weeks thereafter, which should also be communicated to the individual petitioners. Needless to say, if the decision is passed in favour of the petitioners, consequential relief shall follow accordingly. Both the writ petitions stand disposed of. I.A. Nos. 5262/13 and 5260/13 also stand disposed of. Petitions disposed of.