Ratneshwari Singh v. State of Jharkhand through the Secretary, Human Resources Development Department
2016-07-14
H.C.MISHRA
body2016
DigiLaw.ai
ORDER : 1. Heard learned counsel for the petitioner and learned counsel for the respondent-State. 2. The petitioner is working as Assistant Teacher in the district of Hazaribag and she is aggrieved by the order as contained in Memo No. 2785 dated 20.12.2014, passed by the respondent no. 4, the District Superintendent of Education, Hazaribag, whereby, her claim for salary for the period 7.8.2001 to 18.1.2002 has been rejected. The petitioner has made yet another prayer in the writ application for grant of Medical Leave from 11.7.2000 to 6.8.2001, but it is submitted that in view of the decision taken by the respondent authorities, the petitioner is not pressing this prayer in this writ application. 3. The facts of this case lie in a short compass. The petitioner was working as Assistant Teacher in K.B. Middle School, Municipality, Hazaribag. She, along with other teachers was transferred by the order as contained in Memo No. 2300 dated 30.6.2000 and she was posted at Primary School, Bhandara, Barhi, and she was also relieved for joining on 15.7.2000. The petitioner, however, did not join the said post and in the meantime, another order as contained in Memo No. 2622 dated 4.8.2001 was issued by the respondent no. 4, whereby she was again posted in her original school, i.e. K.B. Middle School, Municipality, Hazaribag. Pursuant to the said order, the petitioner gave her joining on 7.8.2001 and started working there. Yet another order, as contained in Memo No. 3748 dated 8.8.2001 was passed by the respondent no. 3, Dy. Commissioner, Hazaribag, whereby operation of subsequent transfer order, as contained in Memo No. 2622 dated 4.8.2001 was stayed. All the concerned were directed not to relieve any teacher and even if any teacher had been relieved they shall not be allowed to give their joining in the school, where they were transferred. It was also made clear that all transferred teachers shall be deemed to be working in their original school, from where they were transferred pursuant to the order as contained in Memo No. 2300 dated 30.6.2000. The said order was communicated through wireless to all concerned. However, the case of the petitioner is that she continued to work in K.B. Middle School, Municipality, Hazaribag, from 7.8.2001 to 18.1.2002, thereafter she was relieved from the said school. 4.
The said order was communicated through wireless to all concerned. However, the case of the petitioner is that she continued to work in K.B. Middle School, Municipality, Hazaribag, from 7.8.2001 to 18.1.2002, thereafter she was relieved from the said school. 4. As she was not paid her salary from 7.8.2001 to 18.1.2002, the petitioner moved before this court in W.P. (S) No. 4598 of 2013, which was disposed of by order dated 12.8.2014, as contained in Annexure-8 to the writ application, whereby the District Superintendent of Education, Hazaribag, was directed to dispose of the representation of the petitioner. Pursuant to the said order of this Court, the order as contained in Memo No. 2785 dated 20.12.2014, has been passed by the respondent no. 4, the District Superintendent of Education, Hazaribag, again rejecting the claim of the petitioner for the salary during the period 7.8.2001 to 18.1.2002, stating that the petitioner had defied the transfer orders, and accordingly, she was not entitled to the salary from the period 7.8.2001 to 18.1.2002. By this order, the claim of the petitioner for medical leave was also rejected, which the learned counsel for the petitioner has not pressed for the present. 5. Learned counsel for the petitioner has drawn attention of this Court towards Annexure-12, as has been brought on record by way of rejoinder to the counter affidavit, which is a certificate, issued by the Head Mistress, K.B. Middle School, Municipality, Hazaribag, certifying that the petitioner had worked in the school from 7.8.2001 to 18.1.2002. The said certificate has also been verified by the Block Education Extension Officer, Hazaribag, by his letter dated 18.12.2003, as has been brought on record as Annexure-13 to the rejoinder, confirming the fact that the petitioner had worked in K.B. Middle School, Municipality, Hazaribag, from 7.8.2001 to 18.1.2002. Learned counsel has submitted that the order dated 8.8.2001 communicated through wireless, as mentioned in the impugned order, was never communicated to the petitioner during this period, due to which, the petitioner worked in the said school and she is entitled to the salary for the aforesaid period. 6. Learned counsel for the State on the other hand has opposed the prayer submitting that the petitioner had defied the transfer orders, and accordingly, she is not entitled to the salary of the aforesaid period from 7.8.2001 to 18.1.2002. 7.
6. Learned counsel for the State on the other hand has opposed the prayer submitting that the petitioner had defied the transfer orders, and accordingly, she is not entitled to the salary of the aforesaid period from 7.8.2001 to 18.1.2002. 7. Having heard learned counsels for both the sides and upon going through the record, I find that though the petitioner was initially transferred by order dated 30.6.2000 to Primary School Bhandra, Barhi, where the petitioner had not joined, but soon thereafter another order was issued by the respondent no. 4 on 4.8.2001, whereby the petitioner was again posted in K.B. Middle School, Municipality, Hazaribag, where the petitioner had given her joining on 7.8.2001. Though the operation of the said transfer order was stayed by the Deputy Commissioner, Hazaribag, by the order dated 8.8.2001, which had been communicated through wireless, but the fact remains that the petitioner had joined K.B. Middle School, Municipality, Hazaribag, one day prior to the issuance of said order, i.e. on 7.8.2001 itself, and accordingly, the order dated 4.8.2001, issued by the respondent no. 4 was given effect to one day prior to its stay by the Deputy Commissioner, Hazaribag. The fact, however, remains that pursuant thereto, the petitioner had worked in K.B. Middle School, Municipality, Hazaribag till 18.1.2002 and this fact has been certified by the Block Education Extension Officer, Hazaribag also. If the petitioner was allowed to work in the said school during this period, only the concerned respondent authorities, can be held responsible for the same. 8. In view of the aforesaid discussions, I am of the considered view that the petitioner is fully entitled to the salary for the aforesaid period, i.e. 7.8.2001 to 18.1.2002, when she worked in K.B. Middle School, Municipality, Hazaribag. 9. Accordingly, the impugned order, as contained in Memo No. 2785 dated 20.12.2014, passed by respondent no. 4, the District Superintendent of Education, Hazaribag, as contained in Annexure-10 to the writ application, so far as it relates to denial of salary to the petitioner from the period 7.8.2001 to 18.1.2002, is hereby, quashed. The respondent no. 4, the District Superintendent of Education, Hazaribag, is hereby, directed to release the salary of the petitioner for the aforesaid period positively within the period of three months from the date of production/communication of this order. 10. This writ application is accordingly, allowed in part, with the direction as above.
The respondent no. 4, the District Superintendent of Education, Hazaribag, is hereby, directed to release the salary of the petitioner for the aforesaid period positively within the period of three months from the date of production/communication of this order. 10. This writ application is accordingly, allowed in part, with the direction as above. Application partly allowed.