Disposed¶27

Bhuneshwar Gope v. State of Jharkhand through Secretary Deptt of Education

Jharkhand HC22 Jan 2024WPC/1879/2022

Case brief

AI extract

What is this about?

Bhuneshwar Gope v. State of Jharkhand; W.P.(S) No. 1879 of 2022; High Court of Jharkhand at Ranchi; Rajesh Shankar, J.; retired headmaster; B.Sc. Trained pay scale; pay fixation from date of training 14.03.1983; District Education Establishment Committee Bokaro meeting 11.01.2024; stay of benefits by office order memo no. 312 dated 23.02.2022; grant of benefits memo No. 1261 dated 24.09.2021; DSE approval memo no. 82 dated 17.01.2024; release of financial benefits/arrears within two months; direction to District Superintendent of Education, Bokaro; writ petition disposed.

What did the court decide?

Direction to respondent no. 3 to release, within two months from the date of the order, the financial benefits accruing to the petitioner on grant of B.Sc. Trained pay scale with effect from 14.03.1983 ¶27

Bhuneshwar Gope Vs State of Jharkhand through Secretary Deptt of Education — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the office order contained in memo no. 312 dated 23.02.2022 passed by respondent no. 3, staying the benefits granted by the District Education Establishment Committee vide memo No. 1261 dated 24.09.2021, should be quashed +1 more

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Ratio / Principle

Respondent no. 3 (District Superintendent of Education, Bokaro) is directed to ensure that the financial benefits accruing in favour of the petitioner on granting B.Sc. Trained pay scale with effect from 14.03.1983 are released in his favour within two months from the date of the order

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Key takeaways

The writ petition is disposed of with the aforesaid directionratio¶27

Detailed headnote1 paragraphs

Writ petition (service) by a retired headmaster challenging the office order contained in memo no. 312 dated 23.02.2022 passed by the District Superintendent of Education, Bokaro (respondent no. 3), whereby the benefits granted by the District Education Establishment Committee vide memo No. 1261 dated 24.09.2021 were stayed, with a further prayer for release of the entire due amount. On the date of hearing, pursuant to the Court's order dated 08.01.2024, the DSE appeared in person, and the respondents' supplementary counter affidavit dated 18.01.2024 disclosed that the Committee in its meeting dated 11.01.2024 unanimously resolved to grant the petitioner B.Sc. Trained pay scale from the date of training (14.03.1983), and that the DSE approved the same vide Office Order memo no. 82 dated 17.01.2024. Noting the petitioner's apprehension of delay in payment, the Court (Rajesh Shankar, J.) directed respondent no. 3 to ensure that the financial benefits accruing on the grant of B.Sc. Trained pay scale with effect from 14.03.1983 are released within two months, and disposed of the writ petition accordingly (Order No. 13 dated 22.01.2024).

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 1879 of 2022

Bhuneshwar Gope

… … Petitioner

Versus

The State of Jharkhand through the Secretary, Department of Education, Ranchi

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The Deputy Commissioner, Bokaro

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The District Superintendent of Education, Bokaro

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… … Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mr. Arwind Kumar, Advocate For the Respondents : Mr. Ashok Kumar, AAG-IV -----

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Order No. 13 Dated: 22.01.2024

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The present writ petition has been filed for quashing the office order as contained in memo no. 312 dated 23.02.2022 (Annexure-4 to the writ petition) passed by the respondent no. 3, whereby the benefits already granted by the District Education Establishment Committee vide memo No. 1261 dated 24.09.2021 (Annexure-2 to the writ petition) has been stayed. Further prayer has been made for issuance of direction upon the respondents to release the entire due amount in favour of the petitioner, consequent to the benefits granted vide memo no. 1261 dated 24.09.2021.

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2. Pursuant to the order dated 08.01.2024, Mr. Noor Alam Khan, District Superintendent of Education, Bokaro, is physically present before this Court.

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3. Mr. Ashok Kumar, learned AAG-IV appearing on behalf of

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the respondents, refers to paragraph nos. 9 & 10 of the supplementary counter affidavit dated 18.01.2024, which read as under:

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“ 9. That it is humbly stated and submitted that the

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District Education Establishment Committee, Bokaro in its meeting dated 11.01.2024 unanimously decided only the case of the petitioner, the retired headmaster, to provide B.SC. Trained pay scale from the date of Training

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i.e., 14.03.1983 and complied the Hon’ble Court’s order.

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10. That it is most humbly and respectfully submitted that further D.S.E, Bokaro i.e., the respondent No. 3 i.e. this deponent vide his Office Order as contained in Memo No. 82 dated 17.01.2024 approved the decision taken in the District Education Establishment Committee dated 11.01.2024 in regard to fixation of pay scale of the petitioner as B.Sc. Trained Teacher with effect from the date of completion of training i.e., 14.03.1983.

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Photocopy of D.S.E Office Order vide Memo No. 82 dated 17.01.2024 is annexed herewith and marked as Annexure-F.

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4. Learned counsel for the petitioner, however, expresses his

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apprehension that despite decision taken by the District Education Establishment Committee in its meeting dated 11.01.2024 and approval made by the respondent no. 3 vide his office order as contained in memo no. 82 dated 17.01.2014 granting B.Sc. Trained Teacher pay scale to the petitioner with effect from 14.03.1983, the payment of financial benefits to the petitioner may be delayed by the respondents.

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5. Having heard learned counsel for the parties and considering the aforesaid statements made in the supplementary counter affidavit dated 18.01.2024 filed on behalf of the respondent no. 3, the said respondent is directed to ensure that the financial benefits accruing in favour of the petitioner on granting B.Sc. Trained pay scale with effect from 14.03.1983, are released in his favour within two months from the date of this order.

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6. The writ petition is accordingly disposed of with aforesaid direction.

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Manish

Bhuneshwar Gope v. State of Jharkhand through Secretary Deptt of Education

Case brief

What is this about?

What did the court decide?

Bhuneshwar Gope v. State of Jharkhand through Secretary Deptt of Education

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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