Research › Search › Judgment

Jharkhand High Court · body

2018 DIGILAW 343 (JHR)

Pushpa Manglick v. State Of Jharkhand

2018-02-08

PRAMATH PATNAIK

body2018
JUDGMENT Pramath Patnaik, J. – Heard Ms. Satakshi, learned counsel for the petitioner, Mr. Arup Kumar Dey, learned J.C. to G.P. I appearing for the Respondent-State as well as Mr. Jai Shankar Tripathy, learned counsel for the respondent no.5. 2. In the instant writ application, the petitioner has sought for issuance of a writ of mandamus commanding upon the respondents to accept the joining of the petitioner and to allow her to discharge her duties on the post of ''Para teacher'' in Primary School, Sitadih, Lesliganj with all consequential benefits. The petitioner has further prayed for a direction upon the respondents to make an enquiry in pursuance to letter dated 17.11.2008 (Annexure-5) pertaining to allowing the respondent no.5 to discharge the duties of ''Para teacher'' in the aforesaid School. 3. A counter affidavit has been filed by the respondent no. 3 and a subsequent supplementary counter affidavit has been filed by the respondent no. 2, wherein, it has been submitted that the para-teachers are appointed by the Village Education Committee of the concerned School and on recommendation by the Aam Sabha of the villagers, the selection is approved by the Block Level Committee under the chairmanship of the Block Development Officer of the concerned block. It has further been submitted that as per the decision of the Block Level Education Committee, Lesliganj, Palamau, name of the respondent no. 5 has been approved as para Teacher for nationalized Primary School, Sitapur and accordingly, the respondent no. 5 was allowed to join as para-teacher in the said School as per Annexure-A to the supplementary counter affidavit. It has further been stated that the name of the petitioner has not been recommended by the Village Education Committee, nationalized Primary School, Sitapur nor it was approved by the Block Level Education Committee, but her name was wrongly and directly approved by the District Superintendent of Education-cum-District Programme Officer, Palamu vide letter dated 04.03.2008 contrary to the earlier order dated 04.03.2008 but the petitioner was not allowed by the Village Education Committee to work as the Para-teacher. 4. Mr. Jai Shankar Tripathy, learned counsel for the respondent No. 5 by referring to the counter affidavit, filed on behalf of the respondent no.5, submits that vide order dated 12.12.2013, passed by the Additional Collector-cum-Assistant Magistrate cum Block development Officer, Lesliganj, Palamau cum President block education committee, Lesligunj, since the appointment of the respondent no. 4. Mr. Jai Shankar Tripathy, learned counsel for the respondent No. 5 by referring to the counter affidavit, filed on behalf of the respondent no.5, submits that vide order dated 12.12.2013, passed by the Additional Collector-cum-Assistant Magistrate cum Block development Officer, Lesliganj, Palamau cum President block education committee, Lesligunj, since the appointment of the respondent no. 5 as Para-teacher was cancelled, being aggrieved by the said order, the respondent No. 5 has challenged the said order in W.P. (S) No. 3878 of 2016, which was disposed of vide order dated 02.03.2017, as the matter has been amicably settled between the parties and the appointment letter has already been issued in favour of the respondent no. 5 in the National Lok Adalat held on 11.02.2017 as per Annexure-3 to the counter affidavit. Learned counsel for the respondent No. 5 submits that in pursuance to the appointment letter issued, the respondent No. 5 has been continuing on the said post. 5. Having heard the learned counsel for the respective parties and in view of the fact since the respondent no. 5 in pursuance to the order dated 02.03.2017, passed in W.P. (S) No. 3878 of 2016, has been continuing on the post of Para-teacher, no relief can be granted to the petitioner. Accordingly, the writ petition being devoid of any merit, is hereby dismissed.