Rights to salary and pension are contingent upon a valid appointment; appointments based on forged documents are void and offer no entitlement to benefits.

JUDGMENT :

Deepak Roshan, J.

1. Heard learned counsel for the parties.

2. The Petitioners, who are sons of late Siyaram Prasad, have approached this Court for payment of death-cum- retiral dues of their father who had passed away on 01.06.2015.

It has been pleaded and argued that the father of the petitioners was appointed as Science Teacher in G.E.L. Middle School, Umbubaha, Arki, District Ranchi on 5.4.1983. He was appointed on the sanctioned post, inasmuch as, there were five sanctioned posts.

It has further been argued that the father of the petitioners had earlier moved before this Court vide W.P.(S) No. 2494/2004 for pay revision, which has been disposed of vide order dated 10.5.2004 and for non-compliance of the order dated 10.5.2004, a contempt application was also filed. It has also been argued that in the contempt application, a show cause was filed along with order dated 7.2.2006 passed by the District Superintendent of Education, Ranchi; whereby services of the petitioners stood terminated.

The said order of termination was challenged before learned Jharkhand Educational Tribunal in Case No. 52/2006 and the learned Tribunal has allowed the same by quashing the order dated 7.2.2006. It has also been submitted that the order of the learned JET was assailed before this Court by the Managing Committee and the same has also been dismissed.

3. A Counter affidavit has been filed in this case on behalf of the respondent District Superintendent of Education stating that the services of the father of the petitioners has not been approved due to submissions of forged document in relation to his qualification of B.Ed.

There was also a direction to lodge an F.I.R. against him.

4. This Court took serious view of the matter and in its order dated 19.2.2024 had observed as under:-

“1. It appears from the counter affidavit filed on behalf of the State that retiral dues of father of the petitioners has been withheld on the ground that FIR was lodged against him and his service has not been confirmed. However, this Court is not satisfied the stand by the State Government.

2. Under such circumstances, respondent no. 2, Secretary, Human Resource Development Department, Government of Jharkhand, Ranchi and respondent no. 3, District Superintendent of Education, Kunti are directed to remain physically present before this Court on the next date fixed and to explain as to why even after the death of the father of the petitioners, no steps have been taken for payment of retiral dues to the family members of the deceased- Siya Sharan Prasad.

3. Put up this case on 28.02.2024.

4. Let a copy of this order be handed over to the learned counsel for the State for the needful.”

5. Further, on 28.2.2024, a submission had been made on behalf of the State Counsel that a fact-finding committee has been constituted into the subject matter of non- payment of death-cum-retiral dues of the father of the petitioners.

6. Thereafter, a supplementary counter affidavit has been filed by the State, wherein it has been averred that the Secretary, School Education, has constituted a 4-Member Committee vide his Order No. 119 dated 24.2.2024, which included the Director, Primary Education as Chairman and the Deputy Director, the Additional Secretary and the District Superintended of Education, Khunti.

7. It further transpires from records that the 4-Member Committee had submitted its report dated 4.3.2024 which had been on the basis of the documents and records produced by the D.S.E. in relation to the sanction of the posts on which the father of the petitione