Anita Tirkey and Others vs The State of Jharkhand and Others

Narendra Nath Tiwari, J.—Since this batch of writ petitions raise common grievance against the same Respondents, the same have been taken up together and being disposed of by this order.

In these writ petitions, the Petitioners have confined their prayer, seeking direction on the Respondents to make payment of current salary as well as arrears of salary from February, 2010.

It has been stated that the Petitioners are teachers in their respective schools. They were appointed years ago as Assistant Teachers and had been getting their salary regularly. The Petitioners have been discharging their duties to the satisfaction of the concerned authorities, but since after February, 2010, salary has not been paid to them.

Learned Counsel for the Petitioners submitted that the Petitioner''s salary has been arbitrarily stopped without informing any reason to them. However, it is now being told that the salary is pending due to nonfixation of their pay by Respondent No. 3. It has been submitted that the salary of other teachers of the school is being paid, but the Petitioners have been discriminated against. There is no legal justification for withholding the Petitioners'' salary on the alleged ground. The Petitioners have 2been put to suffer unnecessary harassment and financial hardship for their no fault.

Learned J.C. to G.P.III, appearing on behalf of the Respondents, submitted that the District Superintendent of Education, Ranchi is the competent authority to consider the Petitioners'' grievance and pass appropriate order and if the Petitioners file representation before the said authority, the same shall be considered and appropriate order shall be passed.

Considering the above, these writ petitions are disposed of, giving liberty to the Petitioners to file representation, along with a copy of this order, before the District Superintendent of Education, Ranchi Respondent No. 4. On receipt of the representation, the said Respondent shall consider the same and pass appropriate order in accordance with law within four weeks from the date of receipt of the representation.

If the Petitioners are found working and there is no legal order for withholding their salary, the said Respondent shall take immediate step for payment of arrears of salary as well as current salary to the Petitioners at the rate of salary last paid to them, till final fixation of their salary. The admitted arrears of salary shall be paid to the Petitioners within two weeks from the date of disposal of the representation. The Respondents shall also pass final order of fixation of the Petitioners'' pay scale, according to their entitlement, within two months thereafter.