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2019 DIGILAW 1161 (JHR)

Bharti Rani Besra D/o Sri Krishna Kumar Besra v. State of Jharkhand through Secretary

2019-06-18

SANJAY KUMAR DWIVEDI

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ORDER : 1. Heard Mr. Nityanand Pd. Choudhary, learned counsel for the petitioner and Ms. Chandra Prabha, learned SC-I for the respondents-State. 2. The petitioner has preferred this writ petition for quashing memo dated 18.03.2011 whereby the payment of honorarium of the petitioner has been refused by the Deputy Commissioner. 3. The petitioner was appointed on 27.11.2007 vide Annexure 2 to the writ petition and his services was confirmed vide letter dated 02.01.2008. After joining since 03.01.2008, the petitioner continued to teach at Girl's High School, Jamtara, which is certified by Head Mistress of the said school on 18.04.2009. However, when the honorarium was not paid to the petitioner, he moved this Court by filing W.P. (S) No. 2272 of 2009 which was disposed of vide order dated 05.01.2011 with a direction to Deputy Commissioner, Jamtara to look into the petitioner's claim and pass appropriate order within a period of two months from the date of receipt/production of copy of this order and if the petitioner's claim is found to be genuine, honorarium must be paid within the aforesaid period. Accordingly, the writ petitioner filed representation, which was rejected vide memo dated 18.03.2011. 4. Learned counsel for the petitioner argues that the Deputy Commissioner has illegally refused not to pay the honorarium to the petitioner and the reason assigned therein is not tenable in the eye of law. 5. This Court vide order dated 11.04.2019 directed the Deputy Commissioner, Jamtara to enquire into the matter with regard to other High Schools also and if any irregularities are found, he should take action against the erring officials. In compliance thereto, a supplementary counter affidavit has been filed annexing the enquiry report dated 06.05.2019 submitted by Deputy Commissioner, Jamtara. In the enquiry report it has been stated that appropriate action has been taken against the erring officials and at present no Para Teacher is posted in any High School under the district of Jamtara. The appointment of the petitioner has been found invalid on enquiry by the Deputy Commissioner, Jamtara. Furthermore, the petitioner has not been able to make out a case for interference. Hence, this Court does not find any illegality in the impugned order. 6. Accordingly, the writ petition stands dismissed.