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2017 DIGILAW 1694 (JHR)

Jharkhand Pradesh Anupcharik Jan Sah Vishesh Shiksha Anudishak Sangh v. State of Jharkhand

2017-09-22

S.N.PATHAK

body2017
JUDGMENT : Dr. S.N. Pathak, J. 1. Heard learned counsel for the parties. 2. Petitioners are aggrieved by the order under Memo No. 479, dated 26.02.2009 (Annexure7) whereby their claim for absorption/regularisation against any equivalent post of Instructors i.e. on the post Teacher of any elementary school has been rejected. 3.Petitioner no. 1 is Sangh who has filed instant writ petition on behalf of its 75 members who had been working as Instructors under the Non-Formal Education Scheme of the Government and were paid honorarium at the rate of Rs.200/-, Rs.125/- and Rs.105/- per month in different units under the Non-Formal Education Scheme of the Government. Their appointments were made vide different office orders issued by the competent authorities on different dates in between the periods 1981 to 1998 after following procedures of regular and valid appointments. It has been submitted that members of petitioner no. 1–Association are working as Instructors from the date of their initial appointment under the impression that they would be absorbed as regular teachers since they had been discharging their duties and functions attached to the post of Elementary School Teachers whose duties and functions are same and similar. Though the petitioners are working as Instructors on honorarium basis like a Supervisors and have discharged their duties and functions since long and have made repeated representations but no action has been taken to redress their grievance. However, all of a sudden under the order of Director, Mass Education, the members of the petitioner no. 1–Association were informed by the District Mass Education Officer that all the centres are being closed and further they had been directed to hand over the articles given to them for running the centres. Being aggrieved, petitioners have preferred instant writ petition. 4. Mr. Ajay Kumar Pathak, learned counsel appearing for the petitioners submits that in similarly situated case of Instructors of Non-Formal Education System in the State of West Bengal, the Division bench of the Hon'ble Calcutta High Court vide order dated 25.02.1991 directed the Education Department, Government of West Bengal to absorb/regularise them and make regular salary. Learned counsel submits that the members of petitioner no. 1–Association are working as Instructors on honorarium basis like a Supervisors and have discharged their duties and functions since long and as such they are also entitled for the benefits as has been given to the Supervisors. Learned counsel submits that the members of petitioner no. 1–Association are working as Instructors on honorarium basis like a Supervisors and have discharged their duties and functions since long and as such they are also entitled for the benefits as has been given to the Supervisors. Learned counsel further relies on the order dated 22.08.2012, passed in W.P.(S) No. 658/2009 [“Anaupcharik Shiksha Prashikshi Anudeshak Sangh Vs. The State of Jharkhand and others”] wherein it has been observed that “...… the authorities may take sympathetic view so that the petitioners may not be left to starve.” Learned counsel further submits that pursuant to the order dated 21.04.2011 passed by Hon'ble Patna High Court in C.W.J.C. No. 8418 of 2010, the counterparts of the petitioners in the State of Bihar are likely to be absorbed and as such, petitioners may also be absorbed in the State of Jharkhand. Learned counsel submits that in the circumstances a sympathetic view may be taken in favour of the petitioners as they have been working since long and at this age, the may not be rendered jobless. Learned counsel further submits that on the one hand Government is taking various steps for improving education level and on the other hand petitioners, who have been actively working in the said direction under the Scheme of the Government, are not being allowed to perform such works for educating the children. 5. On the other hand Counter affidavit has been filed by the respondents. Mr. Rishikesh Giri, J.C. to learned G.P.II appearing for the State submits that petitioners were part time volunteer workers and not appointed against sanctioned post having regular pay scale. The claim for absorption of the petitioner cannot be allowed as it will open flood gate and shall be burden to the State exchequer. The impugned order has been passed in compliance of order dated 30.04.2001, passed in C.W.J.C. No. 1743 of 2001 and the writ petition is fit to be dismissed. The petitioners were never RC Government employees and they were rendering social service on honorarium which is also apparent from the selection letter enclosed as Annexure1 to the writ petition. Learned counsel further submits State of Jharkhand is not obliged to follow the likely decision of the State of Bihar and State of Jharkhand or the petitioners were not party in C.W.J.C. No. 8418 of 2010, decided on 21.04.2011. Learned counsel further submits State of Jharkhand is not obliged to follow the likely decision of the State of Bihar and State of Jharkhand or the petitioners were not party in C.W.J.C. No. 8418 of 2010, decided on 21.04.2011. The State has no Scheme to continue the centrally sponsored time bound scheme which has already been closed by the Government of India with effect from 01.04.2001 and as such, this writ petition is fit to be dismissed. 6. Be that as it may, having gone through rival submission of the parties, it is apparent that members of petitioner no. 1–Association had been inducted/ employed under Scheme of the Government and were not in regular employment. Similar issue had come up before this Court in W.P.(S) No. 7867 of 2012 [“Tilakdhari Ravidas and others Vs. The State of Jharkhand and others”] which has been rejected by coordinate Bench vide order dated 26.11.2013. Petitioner is not able to distinguish the case. 7. As a cumulative effect of the aforesaid observations, rules, guidelines and judicial pronouncements, I am of the considered view that case of the petitioners are not tenable in the eyes of law. No case of regularisation has been made out. State has no Scheme to continue the centrally sponsored time bound scheme which has already been closed by Government of India and as such, the writ petition is dismissed. All the Interlocutory Applications also stands disposed of.