AJIT KUMAR v. STATE OF JHARKHAND THROUGH THE PR SECRETARY SCHOOL EDUCATION AND LITERACY DEPTT
WPC/4431/2020 · 2025-08-04
Deepak Roshan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26152 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26152 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:21716
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4431 of 2020 Ajit Kumar, aged about 44 years, son of late Yadu Prasad, resident of Village Chattarpur, P.O. Munkeri, P.S. Chattarpur, District-Palamu, Jharkhand.
... … Petitioner(s)
Versus
1. State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Project Bhawan, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi
2. Deputy Commissioner cum Chairman, District Establishment Committee, Palamu, P.O., P.S. & District Palamu.
3. District Superintendent of Education, Palamu, P.O., P.S. & District Palamu.
4. Block Development Officer, Chattarpur, P.O. & P.S. Chattarpur, District Palamu
5. Block Education Extension Officer, Chattarpur, P.O. & P.S. Chattarpur, District Palamu
6. Chairman, Jharkhand Education Project Council, New Cooperative Building, Shyamli Colony, P.O. & P.S. Doranda, District Ranchi
7. New Primary School, Saharsawa, Purbi Tola, P.Ο. & P.S. Chattarpur, District Palamu through its Principal. … … Respondent(s)
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s)
:Mr. Ashish Kumar Thakur, Advocate For the Respondent(s) :Mr. Raj Vardhan, Advocate
Mr. Amit Kumar, Advocate
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Order No.06 /Dated: 4th August 2025
The instant writ application has been preferred by the petitioner for the following reliefs:
“1. (A) For quashing and setting aside of the order as contained in Memo No. 319 dated 30.07.2018 issued by respondent no. 5, Block Education Extension Officer cum Coordinator, Chatarpur, Palamu (Annexure 7) whereby and whereunder the respondent no. 7 i.e. Principal, New Primary School, Saharsawa has been directed to stop taking any further work from the petitioner and that he should not be allowed to mark his attendance on the ground that the petitioner has not been appointed as per the rules as the appointment was not approved by the Block Education Committee or District Office of the Sarv Shiksha Abhiyan, Palamu. (B) For a direction upon the concerned respondents to allow the petitioner to perform his duties and mark his attendance as Para Teacher at New Primary School, Saharswa, Poorvi Tola, Chattarpur, Palamu.
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(C) For a direction upon the concerned respondents to pay the petitioner full honorarium from April 2014 up to till date along with penal interest @ 18% p.a. (D) For any other relief(s) to which the petitioner is legally entitled to in law and equity as this Hon'ble Court may deem fit in the facts and circumstances of this case.”
2. The grievance of the petitioner is that when the petitioner demanded honorarium from the respondents, he has been prevented from discharging his duties.
Learned counsel for the petitioner submits that no reason has been assigned in the impugned order as to why the petitioner is not being paid his honorarium and why he is being discharged from service. Further, he submits that the petitioner has rendered 11 years of his service before the respondents and all of a sudden, he has been terminated from service in the most arbitrary manner. He further submits that the respondents have not yet filed the counter affidavit.
3.
Learned counsel for the respondents submits that from perusal of Annexure-7 it appears that the appointment of the petitioner was not in accordance with the notification and perhaps that might be the reason he has been stopped from taking his duties. However, he submits that there is a provision of appeal against the order passed by the Block Education Extension Officer before the Deputy Commissioner. As such, he submits that the petitioner may approach the concerned respondent.
4. Having regard to the aforesaid submission and also after going through Annexure-6 to the writ application it appears that a recommendation for payment of honorarium has also been made by the concerned authority; however, as per the petitioner he has not received the honorarium and no reason has been assigned as to why the respondents are not taking work from him.
Under such circumstances, interest of justice would be sufficed by giving liberty to the petitioner to approach the respondent no.6 by filing an appeal/representation as early as possible. The moment the respondent no.6 receives the appeal/representation he will verify the documents and
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take a decision in the matter by passing a reasoned and speaking order not only on the question of honorarium to be paid to the petitioner but also for his continuity in service within a period of 12 weeks from the date of receipt of such appeal/representation.
5. The instant writ application stands disposed of in the aforesaid terms.
(Deepak Roshan, J.) Amit