Bhuneshwar Ram, son of Ramawatar Bhuiyan vs State Of Jharkhand

Ananda Sen, J

By  filing  this  writ  petition,  the  petitioner  has  prayed  for the following reliefs:-

(i) For  issuance  of  an  appropriate  writ,  order  or direction for quashing the letter bearing memo no. 266 dated 14.12.2021 (Annexure-2) issued by the Block Education Extension Officer-cum-Block Resource Centre Coordinator, Panki, Palamu whereby and where under the  Respondent  No.4 has been pleased  to  terminate  the  petitioner  from  the post of Para teacher with immediate effect and also direct the petitioner to handover the charge of the Para Teacher to Sri Amresh Kumar and further direct the petitioner to send compliance report to his office.

AND

(ii) The petitioner prays for a further direction upon the respondents to pay salary to the petitioner since June, 2017 which has not been paid without assigning any reason.”

Heard learned counsel representing the petitioner and learned counsel representing the respondents.

The petitioner has challenged the Office Order as contained in Memo No.266, Panki, dated 14.12.2021 (Annexure-2 to the writ petition), which according to the petitioner is his termination order.

Mr. Rajesh Kumar, learned counsel representing the petitioner submits that once the petitioner had handed over the charge of the said School to Shri Amaresh Prasad Yadav, the petitioner was not being allowed to join, thus, his service has been terminated by the respondents.

Mr. Krishna Murari, learned counsel representing the respondent–the  District  Superintendent  of  Education-cum-UDPO, on instruction submits that the aforesaid Office Order is not an order of termination. He submits that by the said Office Order, the petitioner was directed to handover the charge of the In-Charge of the School to Shri Amaresh Prasad Yadav. He also submits that thereafter the petitioner is not coming to the School.

Considering the submission of Mr. Krishna Murari, as per the instruction received by him from his client, I direct the petitioner to  report  to  the  District  Superintendent  of  Education,  Palamu,  who will assign further work to him.

It is made clear that the petitioner will be paid his salary for the period which he has actually worked.

With the aforesaid observation and direction, this writ petition stands disposed of.