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Judgment
Heard Mr. Chanchal Jain, learned counsel for the petitioners and Mr. Vijaykant Dubey, learned counsel appearing for the State of Jharkhand.
The petitioners have preferred this writ petition for a direction upon the respondents to pay the arrears of salary along with interest for a period from 01.01.1971 to 31.03.1973. Further prayer is made to extend the benefit of the petitioners as has been allowed by this Court to the petitioners in W.P.(S) Nos.3329/08, 3399/08, 707/09 as well as appellants of L.P.A. No.651 of 2002.
All the petitioners have retired from the post of Assistant Teachers/Headmasters, from different Government schools. It has been disclosed at paragraph-5 to the writ petition wherein the appointment or retirement date of the petitioners has been mentioned which reads hereunder as:
Sl. Nos.
Name of the employee
Name of the School
Date of Appointment
Date of Retirement
1
Jagarnath Mahto
Prathmik Vidhyalaya Agasia.
11.01.1963
31.08.2000
2
Abdul Rahim
Utkramit Madhay Vidhyalaya, Barkatand, Gamaharia-1.
18.12.1961
31.08.2006
3
Sudam Mandal
Prathmik Vidhalaya, Juritand, Saraikela.
12.10.1960
31.01.2002
4
Binod Bihari Bej
Utkramit Madhay Vidhyalaya, Jordiha, Gamaharia-2.
20.04.1963
30.04.2005
5
Nuni Gopal Mahto
Prathmik Vidhalaya, Begnadih, Gamaharia-2
26.06.1954
29.03.1992
6
Phanindra Mahto
Prathmik Vidhalaya, Ragatand, Saraikela.
09.12.1963
31.07.2002
7
Kalicharan Mahto
Utkramit Madhay Vidhalaya, Chamaru, Gamaharia-2.
26.12.1962
31.01.2005
8
Sitaram Mahto
Madhay Vidhalaya, Negtasai, Gamahria-2
01.04.1964
10.02.2004
9
Anand Singh
Madhay Vidhalaya, Nimdih, (Nimdih Circle)
02.04.1964
31.07.2004
10
Madhav Chandra Das
Prathmik Vidhalaya Gopinathpur, (Gamharia Circle)
08.11.1967
31.07.2005
11
Alakh Niranjan Mahto
Prathmik Vidhalaya, Juritand, Saraikela.
28.09.1972
30.09.2002
12
Rathu Singh Sadar
Prathmik Vidhalaya, Lakarbagh, Saraikela.
01.01.1965
30.11.2006
13
Dhirendra Nath Gorai
Middle School, Huranda, Kharsawan.
10.04.1963
28.02.2001
14
Tirlochan Banerjee
P.S. Hariharpur, Gamaharia-1.
14.02.1968
31.01.2001
Learned counsel appearing for the petitioners, submits that there is no legal impediment with respect to the sanction/approval of the posts of the petitioners at the concerned schools where the petitioners were working.
He further submits that in view of the Government Resolution No.6791 dated 09.11.1973 certain non-Government Primary/Middle/Elementary Schools under the management of Municipality/Private Management came to be treated as Government Schools w.e.f. 01.01.1971 whereby it was decided that a regular teachers working in these schools, they shall be treated as Government Servant w.e.f. 01.01.1971 itself and the service conditions and benefits applicable to the Government Servants, will be applicable to them also. It was also decided that arrears of pay/salary thereof for the period 01.01.1971 to 31.03.1973 and from 01.04.1973 onwards such teachers will be paid the salary of the Government teachers, the arrears of salary which are due to the petitioners during the period in question disclosed at Paragraph-14 to the writ petition, which reads hereunder as:
Sl. No.
Name of the employee
Arrears of Salary from 01.01.71 to 31.03.1973
1
Jagarnath Mahto
Rs.1275
2
Abdul Rahim
Rs.1221.10
3
Sudam Mandal
Rs.1275.39
4
Binod Bihari Bej
Rs.1374.44
5
Nuni Gopal Mahto
Rs.1558
6
Phanindra Mahto
Rs.1558
7
Kalicharan Mahto
Rs.1558
8
Sitaram Mahto
Rs.1374
9
Anand Singh
Rs.1558.42
10
Madhav Chandra Das
Rs.1086
11
Alakh Niranjan Mahto
Rs.1558
12
Rathu Singh Sadar
Rs.1221
13
Dhirendra Nath Gorai
Rs.3681
14
Tirlochan Banerjee
Rs.1221
Learned counsel appearing for the petitioners submits that similarly situated persons had moved before this Court by way of W.P.(S) Nos. 3329/08, 3399/08, 707/09 for the same and similar relief which were allowed and in the case of Hare Ram Pandey Vrs. State of Jharkhand & Ors., passed in L.P.A. No.651 of 2002 the Division Bench of this Court has also allowed the prayer of the petitioners. He further submits that in view of the earlier order passed by this Court in the aforesaid cases, the instant writ petition may be disposed of.
On the other hand, learned counsel appearing for the respondent-State of Jharkhand, also submits that the matter may be disposed of in the light of the orders passed by this Court in the case of Sibani Sarkar & Ors. in W.P.(S) No.2437 of 2007 and in the case of Hare Ram Pandey (supra) in L.P.A. No.651 of 2002.
Considering the submissions made by the learned counsel for the respective parties, the District Superintendent of Education concerned is directed to consider the claim of the individual petitioners in the light of the order passed by the Division Bench of this Court in the case of Hare Ram Pandey (supra) including their claim and their interest on the deposited amount of arrears of salary.
The petitioners are directed to file a afresh representation along with all documents which the petitioners are relying upon before the District Superintendent of Education within a period of three weeks and District Superintendent of Education, in turn, will pass a speaking order in this regard within a period of six weeks from the date of receipt/production of a copy of this order thereafter and shall communicate the same to the petitioners individually. On assessment of the individual claims, if the amount is found to be payable, the District Superintendent of Education shall ensure the payment within a period of six weeks from the date of decision on the representation of the petitioners.
With the above observations and directions, the writ petition stands disposed of.