Jharkhand High Court
Bhagirathi Prasad Dey vs Vrs on 10 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 1084 of 2013
Bhagirathi Prasad Dey ............Petitioner
Vrs.
The State of Jharkhand & ors. ..... Opposite parties
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner : Mrs. Subha Jha, Advocate
For the O.P.s : Mr. Aditya Raman, A.C. to G.A.-III
14 /10.12.2021 Reference may be made to the orders passed in W.P.(S) No. 2005 of
2013 order dated 30.07.2013; L.P.A. No. 265 of 2014 order dated
03.05.2018 wherein judgment of the learned Single Judge was quashed
and judgment passed by the Apex Court in Civil Appeal No. 3693 of 2020
preferred by the petitioner, extract of which has been quoted in the order
dated 01.10.2021 in this case. The order has not yet been complied on one
pretext or the other by the concerned opposite parties.
Learned counsel for the opposite parties State submits that now the
District Education Officer, Seraikella-Kharsawan has started the exercise
for verification of Teachers Training certificate of the petitioner from the
Sister Nivedita College, Kolkata and also his Matriculation and
Graduation certificates.
Petitioner had successfully fought up to the Supreme Court
regarding his claim for recognition of his services as Assistant Teacher in
Project Girls High School, Kharsawan on the plea that he had completed
Teachers Training from Sister Nivedita College, Kolkata in 1993 before
the National Council for Teachers Education (NCTE) Act, 1993 had come
into force from July, 1995. Now having lost up to the Supreme Court, the
opposite parties have indulged in verification exercise of the certificates
of the petitioner. The entire litigation was fought and lost by the State
without taking plea that certificates are not genuine. The judgment of the
Apex Court was delivered on 17.11.2020 settling the issue. Even if the
State authorities - opposite parties intended to carry out the verification of
the genuineness of the certificates, they had ample time to do so during
pendency of the litigation and even after the judgment of the Apex Court.
They have initiated the exercise in the last two months. This shows scant
regard to the order passed by the Court and matter in which the issue
relating to recognition of the services on the strength of Teachers Training
certificate obtained from Sister Nivedita College, Kolkata in 1993 had
attained finality. The petitioner has already superannuated in January
2021.
Learned counsel for the petitioner has submitted that petitioner has
been making several rounds of the office of District Education Officer,
Seraikella-Kharsawan for seeking the consequential benefits, which flow
from the order in contempt but matter is being procrastinated on untenable
grounds which not only defies the majesty of the orders of the Court but
leaves a person like the petitioner in despair having successfully fought
litigation for so long and has now retired.
Let the District Education Officer, Seraikella-Kharsawan be added
as opposite no.4 in the instant petition. Learned counsel for the petitioner
shall carry out the addition by Monday. Office to provide the file on
requisition being made.
Let the matter appear on 07.01.2022. In the meantime, the District
Education Officer, Seraikella-Kharsawan shall not withdraw his salary. If
the order remains un-complied by the next date, the Director, Secondary
Education, Jharkhand and the District Education Officer, Seraikella-
Kharsawan, both shall appear in person on the next date and file show
cause as to why a contempt proceedings be not initiated against them.
Needless to say, petitioner whenever called, shall cooperate in the matter.
Let the instant order be communicated through Fax to the Principal
Secretary, School Education and Literacy Department, Government of
Jharkhand; Director, Secondary Education, Jharkhand and the District
Education Officer, Seraikella Kharsawan for compliance.
(Aparesh Kumar Singh, J.)
A.Mohanty
