HIGH COURT OF JHARKHAND
LALDHARI SAHU – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
WPC 6203 / 2018
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(S) No.6203 of 2018 --
Laldhari Sahu aged about 32 years, son of Sri Doman Sahu, resident of village-Ara, P.O.-Tapej, P.S.-Sadar, District-Chatra ...Petitioner Versus
1. The State of Jharkhand
2. The Secretary, Human Resource Development Department, Govt. of Jharkhand, Ranchi, P.O + P.S.-
Dhurwa, Distt-Ranchi
3. The District Programme Officer-cum-District Superintendent of Education, Chatra, P.O. + P.S &
District-Chatra
4. The District Education Officer Chatra, P.O.+P.S &
District-Chatra
5. The Block Education Extension Officer, Chatra, P.O. &
P.S.-Chatra, District-Chatra
6. The Block Development Officer, Chatra, P.O. & P.S.-
Chatra, District-Chatra
7. The President, Village Education Committee, Up-graded Primary School, Dagdagwa (Asni Kala), P.O-Tapej, P.S.-
Sadar, District-Chatra ....Respondents --
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --
For the Petitioner(s) : Mr. Sarvendra Kumar, Advocate For the Respondents : Mr. Devesh Krishna, S.C(Mines-III)
Mr. Faisal Allam, A.C to S.C(Mines-III)
--
06/07.01.2026 Heard learned counsel for the parties.
2. The instant writ petition has been preferred by the petitioner for the following reliefs:
i. For quashing/setting aside the letter по.-
2006/Chatra, dated 02.12.2015 issued by the District Superintendent of Education-cum-Sub- Divisional Education Officer, Chatra whereby and whererunder he directed to the concerned Village Education Committee for cancellation of contract and also directed to institution of F.I.R against the petitioner.
ii. For quashing/setting aside the letter No.-
624/Chatra dated 31.07.2018 issued by District Superintendent of Education-cum- District Programme Officer, Chatra by which, payment of honorarium of the petitioner has been declined.
iii. For a direction commanding upon the respondents to pay the salary/honorarium to the petitioner from September 2015 onward inasmuch as petitioner has been discharging his duty as a para teacher of Up-graded Primary School, Dagdagwa (Asnikala) in Chatra district.
iv. For a declaration that the respondents have got no power and jurisdiction to restrain the petitioner for discharging his duty as a para teacher, the petitioner as he has validly been appointed by the competent authority as Para Teachers in Upgraded Primary School, Dagdagwa (Asnikala), in the district of Chatra.
3. Learned counsel for the petitioner submits that the petitioner was working as Para Teacher in Upgraded Primary School, Dagdawa (Asnikala) in the District of Chatra. He further submits that the respondents have denied salary/honorarium to the petitioner from September, 2015 onward though he was regularly discharging his duties during the said period, which is totally illegal and arbitrary; as such, a direction may be given to the concerned respondent to pay the due salary/honorarium.
4. Per contra, learned counsel for the respondents relying upon the counter affidavit submits that a complaint was lodged in the Hon'ble Chief Minister's Jan Samvad No.- SMVADP/2015/14619 and the office letter no.-2000 dated 30.11.2015, for which the field inspection of the irregularities in the uniform distribution and mid-day meal scheme was done on 02.12.2015 by the District Superintendent of Education-cum- Sub- Divisional Education Officer, Chatra. At the time of inspection, both para-teachers were present. The District Superintendent inspected the school and found irregularity thereafter he directed vide Letter No. 2006/Chatra, dated 02.12.2015 to the Village Education Committee for cancellation of the contract of the petitioner with immediate effect and also directed the Block Education Extension Officer, Chatra for lodging F.I.R. against the petitioner.
He further submits that the petitioner had earlier preferred writ application being W.P. (S.) No. 3934 of 2017 before this Court for payment of salary/ honorarium and for declaration that respondents have no power and jurisdiction to restrain the petitioner from discharging his duty as Para- Teache
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