Allowed

Anjali Panda v. the State of Jharkhand through the Secretary School Education and Literacy Deptt

Jharkhand HC13 Aug 2024WPC/6817/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand set aside the petitioner's termination order and granted consequential benefits. The decision relied on a precedent regarding a colleague (Sushma Kumari) where illegal appointment was upheld, noting the issue was already settled and the petitioner had crossed the age of service limit.

What did the court decide?

Termination order set aside; petitioner to be granted consequential benefits within two months subject to age of service rules.

Anjali Panda Vs the State of Jharkhand… — Pension and Retirement Benefits | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 6817 of 2018

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Anjali Panda, W/o Ajit Kumar Pnigrahi, R/o Ward No. 5 P.O & P.S. Seraikella, District Seraikella, Kharsawan

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… … Petitioner(s)

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Versus -

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The State of Jharkhand through the Secretary, School Education and Literacy Department, Government of Jharkhand, having its Office at Project Building Dhurwa, P.O. and P.S. Dhurwa, District Ranchi.

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The Director, Secondary Education, Department of School Education and Literacy Department, Government of Jharkhand, having its Office at Project Building Dhurwa, P.O. and P.S. Dhurwa, District Ranchi

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The Regional Deputy Director of Education, Division Kolhan, P.O. and P.S. Chaibasa, District West Singhbhum

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District Education Officer, Seraikella, Kharsawan, P.O. and P.S. Seraikella, District Seraikella, Kharsawan.

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... … Respondent(s)

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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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----For the Petitioner : M/s. Rupesh Singh, Advocate : M/s. Amrendra Pradhan, Advocate For the Resp-State : M/s. Sweta Shukla, AC to A.A.G.-II ---

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14/13.08.2024 Heard the parties.

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The petitioner has filed this writ petition for quashing of order contained in Memo No. 2610 dated 24.09.2018 (Annexure8) issued by the respondent no. 2 The Director, Secondary Education, Department of School Education and Literacy Department, Government of Jharkhand, Ranchi, Whereby and wherein the petitioner was dismissed from her service.

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The petitioner had further prayed for quashing of inquiry report dated 05.11.2011 (Annexure-6) whereby and wherein, the respondent no. 3 Regional Deputy Director of

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Education, Division Kolhan, P.O. and P.S. Chaibasa, District West Singhbhum had given a finding that the appointment of the petitioner was completely illegal and irregular with further recommendation that salary paid to the petitioner during her service period should be realized.

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In view of the advertisement issued vide Memo No. 640-42 dated 08.08.1984 that the District School inspector of District Singhbhum in erstwhile Unified State of Bihar for appointment on the post of Assistant Teacher, the petitioner applied and participated in the recruitment process. It is case of the petitioner that 304 applicants were selected and they were appointed on the post of assistant teacher in various districts in the year 1984. After bifurcation of State of Bihar, the petitioner was allotted Jharkhand Cadre and she was posted at Seraikella in the matric pay scale of 580-860 within District of Seraikella Kharsawan. A complaint was made that the appointment of 304 candidates was illegal and in the light of this complaint inquiry was conducted and the inquiry officer submitted a report that the appointment of 304 candidates was illegal. Accordingly, the service of 304 candidates was terminated.

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Learned lawyer appearing on behalf of the petitioner submitted that such person whose services were terminated have approached this Hon’ble Court and the Hon’ble Court has set aside their termination order and had passed an order for their reinstatement in service. The state preferred an L.P.A. against the order of learned Single Judge passed in W.P.(S) No. 6023 of 2018 dated 17.02.2021 where the writ petitioner of that case Sushma Kumari @ Sushma Kumari Devi was ordered to be reinstated with all consequential benefits. Sushma Kumari was terminated on the basis of same inquiry report. The State had filed an L.P.A. against order of the single judge which was dismissed vide L.P.A No. 141 of 2021 vide order dated 02.03.2023 and in the light of the directions in L.P.A., the State government had reinstated Sushma Kumari @ Sushma Kumari Devi in service as Assistant Teacher.

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As the issue has already been settled, the order of termination of the petitioner passed by respondent no. 2 The Director, Secondary Education, Department of School Education and Literacy Department, Government of Jharkhand, Ranchi which is (Annexure-8) is hereby set aside.

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As the petitioner has already crossed the age of service the petitioner shall be given other consequential benefits within two months.

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This writ petition is allowed.

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Pending I.A., if any, also stands disposed of.

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(Ambuj Nath, J.)

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Saurabh

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Anjali Panda v. the State of Jharkhand through the Secretary School Education and Literacy Deptt

Case brief

What is this about?

What did the court decide?

Anjali Panda v. the State of Jharkhand through the Secretary School Education and Literacy Deptt

Case brief

What is this about?

What did the court decide?

What the court decided

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