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2008 Supreme(Jhk) 1470

D.G.R.PATNAIK
Kalpana Lodhiya – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner:Mrs. A.R. Choudhary and Mr. K.P. Choudhary, Advocates
For the Respondents: Mr. Rajeev Ranjan, G.A.

JUDGMENT :

Prayer in this writ application is for quashing the Memo No. 933 dated 22.5.2008 (Annexure-10) issued by the respondent no. 4, whereby the petitioner’s services as a teacher in Shree Narbheram Hansraj Gujrati ME School, Jamshedpur which is a Linguistic Minority School, has been terminated. A further prayer is for a direction to the respondents to allow her all the consequential relief (s) including the arrears of salary with interest @ 18/% per annum which has not been paid to him since March 2007.

2. The sole ground for termination of the petitioner’s services is, that the teachers training certificate obtained by her from Sister Nivedita College, Kolkata, was not acceptable since, the said college has not been recognized by the Government of West Bengal.

3. The question raised by the petitioner in this writ application is, Whether appointment of the petitioner which was duly approved by the District Education Establishment Committee, Government of Bihar with effect from 29.1.1992 vide its order dated 17.6.1992, can be terminated retrospectively by applying the provisions of National Council for Teachers’ Education Act, 1993 which came into force with effect from 1.7.199
















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