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High CourtsSingle Bench(2022) 11 JH CK 0017

Dinesh Kumar Pandey And Others vs State Of Jharkhand And Others

Jharkhand High Court · Decided on 2 November 2022

HON’BLE JUDGES
Anubha Rawat Choudhary, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (S) No. 915 Of 2013

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Judgment

9 paragraphs · 325 words

Anubha Rawat Choudhary, J

1.

Learned counsel for the parties are present.

2.

This writ petition has been filed for the following reliefs:-

“For a direction upon the respondents to allow the petitioners to work against their subject for which they have been appointed after completion of all due formalities.

Further for payment of their current as well as arrear salary of the petitioners which is being sanctioned by the Jharkhand Academic Council, but is not being paid due to malpractice of the respondent no. 5.”

3.

Learned counsel for the respondents-Jharkhand Academic Council (JAC) submits that a counter affidavit has been filed in the present case stating that the salary to the teaching/non-teaching employees of the College involved in the present case is to be made by the Governing body of the college and for that Jharkhand Academic Council has no role to play. The learned counsel has also submitted that the dispute between the petitioner and the Governing body of the College is to be taken care of by the Jharkhand Educational Tribunal, (JET) and as per Section 8 of the Jharkhand Educational Tribunal Act, 2005, power is vested with the Tribunal to decide service dispute and all grievances of the employees against the management of the educational institution. He submits that the present writ petition is not maintainable.

4.

After hearing the learned counsel for the parties and considering the facts and circumstances of this case it appears that there is service dispute between the petitioner and the Governing body of the college involved in the present case. In view of jurisdiction conferred upon Jharkhand Educational Tribunal, under the provisions of Jharkhand Educational Tribunal Act, 2005, this court is not inclined to entertain the writ petition under Article 226 of the Constitution of India. Accordingly, this writ petition is hereby dismissed.

5.

However, the petitioner may approach Jharkhand Educational Tribunal for redressal of their grievances.

6.

Pending I.A., if any, is closed.