Disposed

Ajay Kumar Mandal v. State of Jharkhand And Ors.

Jharkhand HC4 Feb 2015WPC/739/2008

Case brief

AI extract

What is this about?

This court disposed of a writ petition regarding unpaid honorarium for an Assistant Teacher. It directed the respondents to consider the petitioner's detailed representations and decide the entitlement within twelve weeks, failing which no pay would be deducted, while granting liberty to approach the Deputy Commissioner.

What did the court decide?

Writ petition disposed of; liberty granted to approach Deputy Commissioner with detailed representations; respondents directed to decide claim within twelve weeks.

Ajay Kumar Mandal Vs State of Jharkhand… — Pension and Retirement Benefits | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 739 of 2008

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Ajay Kumar Mandal, son of Haldhar Mandal, resident of village Harokha, PS Sareyahat, Dist. Dumka …… Petitioner

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Versus

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The State of Jharkhand

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Deputy Commissioner, Dumka

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District Superintendent of Education-cum-District Programme Co-ordinator , Dumka

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President, Gram Shiksha Samiti, Pathra Santhali Tola, Sareyahat, Dumka

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Secretary, Gram Shiksha Samiti, Pathra Santhali Tola, Sareyahat, Dumka

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……Respondents

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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---------

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For the Petitioner : Mr. D.C. Mishra, Advocate For the Respondents : J.C. to G.P.-III 07/Dated: 4^th February, 2015

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The petitioner has approached this Court for release of arrears of honorarium on the ground that petitioner after being appointed as Assistant Teacher in Utkarmit Primary School, Pathra Serayahat, Dumka, is discharging his duty till date.

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The submission has been made by the learned counsel for the petitioner that the petitioner was duly been selected by the village Education Committee of Pathra Serayahat in the meeting which was held on 08.08.2006, thereafter, he started discharging his duty.

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The grievance of the petitioner is that in spite of fact that he did his duty regularly but the honorarium has not been paid to him. He made several representations before the authority concerned but no heed has been taken by them, as the matter is pending before this Court and as such it is not proper to take decision.

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Counsel for the petitioner has further submitted that the copy of document in support of discharging his duty regularly has been brought on record by him by way of filing rejoinder.

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Learned counsel for the respondents has submitted that the salary has not been paid on the ground that services has not been approved by the Block Education Committee but he fairly submitted that the matter needs enquiry by the higher authorities.

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In that view of the matter, the writ petition is disposed of giving liberty to the petitioner to approach before Deputy Commissioner, Dumka by way of submitting the detailed representations with respect to claim of his appointment and also the arrears of honorarium along with all supporting documents within

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-2-

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three weeks from the date of receipt of copy of this order. On receipt of such representation the concerned respondents shall provide opportunity of being heard to the petitioner regarding his entitlement of honorarium on the ground that the petitioner is still discharging his duty. The concerned respondent is expected to take decision in this regard within twelve weeks from the receipt of representation and communicate the said decision to the petitioner.

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If the claim of the petitioner regarding honorarium is found genuine the same shall be released in favour on the petitioner.

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If the claim of the petitioner found not genuine the same shall be communicated to the petitioner by way of speaking order within the period aforesaid.

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(Sujit Narayan Prasad, J.)

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Tarun

Ajay Kumar Mandal v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Ajay Kumar Mandal v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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