Nishu Jyotsna Bara vs State of Jharkhand

Mr. H.C. Mishra, J.—Learned counsel for the petitioner is permitted to make correction in the nomenclature of respondent No. 3.

Heard learned counsel for the petitioner and learned counsel for the respondent State.

The petitioner has filed writ application claiming her salary as Assistant Teacher from the date of her joining, i.e., since 20.6.1986, in Government approved Project Girl''s High School, Bolba, in the district of Simdega, claiming that she is discharging her duties since the date of her joining.

The case of the petitioner is that the petitioner and the other similarly situated employees were not being paid their salaries, in view of the decision of Three Men Committee, constituted by the State Government, which has been brought on record Annexure-12 to the writ application, whereby, the claims of the petitioner and other teachers were rejected on the ground that they were appointed after the selection of the school, in question. The said decision has been challenged in several writ applications, including W.P(S) No. 5505 of 2009 (Sidheshwar Leyangi & Another v. The State of Jharkhand & Others), W.P (S) No. 1116 of 2010 (Niranjan Pradhan v. The State of Jharkhand & Others), W.P (S) No.5161 of 2009 (Sukhdeo Gope v. The State of Jharkhand & Others), W.P (S) No.3243 of 2011 (Ram Krishna Gope v. The State of Jharkhand & Others) as also, W.P (S) No.2048 of 2010 and analogous cases (Arbind Pathak and Others v. State of Jharkhand &Ors.).

It is the case of the petitioner and also admitted by the learned counsel for the State that the case of the petitioner stands on the similar footing, as in those cases, in which directions have been given for passing appropriate orders in accordance with law.

In view of the submission of learned counsel for the parties, the case of the petitioner is also required to be considered in the light of the directions of this Court given in the aforesaid cases.

This application is, accordingly, disposed of in terms of the decisions of this Court in the aforesaid writ applications, directing the respondents to take final decision in the matter, irrespective of the report of the Three Men Committee, as contained in Annexure-12 to the writ application, within the period of four months from the date of communication of this Order.

This writ application is accordingly, disposed of with the direction as above.