Tej Narayan Saw vs The State of Jharkhand and Others

Aparesh Kumar Singh, J.—Heard learned counsel for the parties.

In the present case, according to the petitioner, though he was appointed as Para Teacher by decision of the Village Education Committee meeting held on 24th April, 2007, Annexure-2, and he had worked thereafter and has also been paid honorarium till June, 2008, the honorarium is not being paid thereafter till date.

It is submitted that the petitioner was sent on training and during the said period one Rajendra Prasad Gupta was illegally appointed as Para Teacher in his place. He has been making representation before the respondent authorities and also preferred a Miscellaneous Appeal before the Deputy Commissioner, Koderma, but the same was dismissed by directing him to approach the concerned authority with a representation.

No counter affidavit has been filed in the matter.

Having heard learned counsel for the parties, in such a claim for payment of honorarium dependent upon determination of few facts, at this stage, without making any comments upon the petitioner''s claim, the writ petition is being disposed of by giving liberty to him to pursue his representation before the District Superintendent of Education-cum-District Programme Officer, Koderma, respondent no. 3. On receipt of such representation, the respondent no. 3, District Superintendent of Education-cum-District Programme Officer, Koderma, shall consider all aspect of the matters, inter alia relating to the original appointment of the petitioner, approval of his appointment by competent authority and discharge of duties by the petitioner for the period he claims honorarium and whether anyone else has been appointed in his place in the mean time as alleged and take a decision in that regard within a reasonable time preferably 12 weeks from the date of receipt of such representation. On determination of such claim, if any, consequential payments are found to be admissible, the same be released in favour of the petitioner.

Accordingly, this writ petition is disposed of.