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2018 DIGILAW 2410 (JHR)

Ram Chhedi Singh, S/o Late Prayag Singh v. State Of Jharkhand

2018-10-30

PRAMATH PATNAIK

body2018
JUDGMENT Pramath Patnaik, J. - In the aforesaid writ application, the petitioner has prayed for quashing the letter dated 01.08.2006 and letter dated 19.12.2006 (Annexure3) whereby, the respondent has issued the 75% salary of the petitioners and deducted 25% of salary every month in pursuance of the enquiry conducted by the department regarding the appointment of the petitioners for the post of Assistant Teacher of Project High School, Kasmar, Palamau (1981-82). 2. Learned counsel for the petitioner submits that case of the petitioner is squarely covered by one similar case being W.P.(S) No.1350 of 2017 (Vijay Prasad vs. State of Jharkhand & Ors.) which has been disposed of by this Court vide order dated 30.08.2017. 3. Learned counsel for the petitioners seeks liberty to approach the competent authority by filing representation along with necessary documents. 4. Learned counsels for the State submits that counter affidavit has been filed controverting the averments made in the writ application, more particularly para 10 and 11. However, without delving into the merit of the matter, if the representation filed by the petitioners are considered on its own merit in accordance with law, he has no objection. 5. Considering the submissions advanced on behalf of parties, the writ petition is disposed of with direction to the petitioners to file a fresh representation enclosing the relevant documents before the respondent no.3- Director, Secondary Education within a period of four weeks from today. If such representation is filed by the petitioners, the respondent concerned shall consider the same and pass a reasoned and speaking order in accordance with law within a period of 6 weeks thereafter, taking into consideration the decision as cited by the petitioners. 6. It is needless to mention that if the claim of the petitioners regarding arrears of salary and current salary is found to be genuine and legally admissible, the same be extended to the petitioners within a period of four weeks thereafter. 7. With the aforesaid direction, writ petitions stand disposed of.