Disposed

Smt.Prabha Bhaduri v. State of Jharkhand And Ors.

Jharkhand HC16 Jun 2016WPC/6352/2006

Case brief

AI extract

What is this about?

The Court held minor punishment without enquiry did not require show-cause and upheld the warning and withholding of increments. Regarding officiating allowance pending after superannuation, the petitioner was directed to file a representation to the District Superintendent for adjudication per state rules within two weeks. Case disposed.

What did the court decide?

Directed petitioner to file representation with documents before District Superintendent of Education within two weeks to claim officiating allowance.

Smt.Prabha Bhaduri Vs State of Jharkhand… — Pension and Retirement Benefits | Jharkhand HC (2016)

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In the High Court of Jharkhand at Ranchi

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W.P.(S) No.6352 of 2006

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Smt. Prabha Bhaduri, widow of Late Bimal Srivastva, presently residing at J.P.Nagar, Naya Tola, Sahibganj, P.O, P.S & Dist-Sahebganj...............Petitioner

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V E R S U S

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1.State of Jharkhand

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The Director, Human Resources Department (Primary Education), Government of Jharkhand

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The Deputy Commissioner, Sahibganj

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The Regional Deputy Director of Education, Sahibganj

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The District Education Officer, Sahebganj –cumDistrict Inspectress of Schools, Sahibganj...........Respondents

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Coram: HON'BLE MR. JUSTICE ANANDA SEN

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For the Petitioner :Mr.Samavesh Bhanj Deo For the Respondents: Mrs. Sunita Kumari, J.C. to S.C (L & C)

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11/ 16.6.16. Learned counsel appearing for the petitioner is permitted to implead the District Superintendent of Education, Sahibganj as party respondent no.8 in this writ application.

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This writ application was filed challenging the order by which the petitioner was asked to hand over the charge of the Headmistress of Rajkiya Kanya Middle School, Sahibganj. Further the petitioner has prayed to quash the order of punishment as contained in Memo No.1027 dated 11.10.2006 (Annexure 14) issued by the District Education Officer, Sahibganj whereby the petitioner was warned and her two annual increment was ordered to be stopped. Further prayer of the petitioner is to pay the officiating allowance which she is entitled to get.

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At the very outset counsel for the petitioner submits that since the petitioner has already superannuated on 30.6.2008, the challenge to the order dated 7.10.2006 by which she was directed to hand over charge of In-charge Headmistress has become infructuous.

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Counsel for th petitioner submits that no show-cause was issued to her before passing the impugned order by which her two annual increments were ordered to be stopped and warning was given to her.

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To counter this argument, learned counsel appearing for the respondents had referred to the notice to show cause which is dated

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22.9.2006 issued by the District Education Officer, Sahibganj under memo no.998. The counsel for the petitioner submits that the same cannot be said to be a show cause notice. The said submission cannot be accepted. In the said notice he was directed to show cause as to why appropriate action be not taken against her for her conduct. Further she was directed to appear before the authority concerned to produce with all the relevant documents. Thus, it is clear that a notice was issued to her.

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Since minor punishment has been awarded and while passing minor punishment no departmental enquiry is required to be held, I find no illegality in the order of punishment by which two annual increment has been withheld and she has been warned.

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So far as the officiating allowance claimed by the petitioner is concerned, I find that the petitioner claimed that, as In-charge Headmistress, she has already superannuated on 30.6.2008. Pursuant to the interim order passed by this Court on 9.11.2006 the impugned order dated 7.10.2006 was kept in abeyance. Thus, the petitioner superannuated as Incharge Head Mistress.

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Be that as it may, the fact remains that the petitioner superannuated working/officiating as Headmistress.

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Since the petitioner has worked as In-charge Headmistress till the date of her retirement, I direct the petitioner to file a representation, annexing all the documents relied upon by her, before the District Superintendent of Education, Sahibganj within two weeks from today claiming officiating allowance as per rule. The District Superintendent of Education, Sahibganj after considering the case of the petitioner in terms of rule framed by the State will pass a reasoned order within a period of six weeks from the date of receipt of such representation. If he finds that the petitioner is entitled to get any benefit, the same will be communicated to her within a period of two weeks thereafter.

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With the aforesaid direction/observation, this writ application stands disposed of.

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( Ananda Sen, J.)

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ND/

Smt.Prabha Bhaduri v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Smt.Prabha Bhaduri v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

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