Sita Gwala vs State Of Jharkhand And Ors

The writ petition is for issuance of direction upon the respondent authority to allow the petitioner to join her duties as Para Teacher at Extended

Middle School Hardala Gamharia-II in the District of Sariakela.

The brief facts of the case of the petitioner is that she having been qualified, by getting the Diploma in Primary Education from Indira Gandhi National

Open University. The petitioner was engaged in Para Teacher under Sarwa Shiksha Abhiyan, on 30.12.2002 and while she was working, she suffered

with serious ailment in consequence thereof, she could not discharging her official duty regularly. The petitioner after recovery from the ailment has

made an application for acceptance of her joining but her joining had been accepted conditionally at the Block level subject to its approval by the

District Superintendent of Education, Sariakela who has not approved. Hence, the petitioner, being aggrieved with the same, has approached this

court.

Mr. Rupesh Singh, learned counsel for the petitioner has submitted that the petitioner although has been engaged on contract for particular period and,

therefore, discontinuation in her continuance service but it was the reason beyond her control since she had suffered from serious ailment and,

therefore, she could not be able to perform her duties, and hence her case needs to be considered on humanitarian and sympathetically ground.

Counter-affidavit has been filed by the respondent wherein stand has been taken that the nature of appointment of the petitioner is purely on contract

basis. The petitioner could not continue her duties from 2004-2006, however, her joining was accepted conditionally subject to approval of Block

Extention Education Officer, who vide Annexure-6, to the writ petition, on the basis of reason that Para Teacher since are being engaged on contract

basis and once their discontinuance for the period of more than one year is there, the same is not be renewed and, therefore, the provisional

acceptance at the Block level i.e., BEO has been disapproved.

Heard the parties and after appreciating the rival submissions, it is evident from material available on record that on 05.12.2018, this Court has directed

the learned counsel for the respondent(s) to seek instruction and to file affidavit stating whether the case of the petitioner can be considered afresh in

view of the new development i.e. in the meanwhile the petitioner has got more educational qualification.

Mr. Krishna Murari, learned counsel appearing for the JEPC submitted that in terms of the aforesaid order the instruction has been obtained from

District Superintendent Education who has expressed its inability to accommodate the petitioner.

It is not in dispute that the petitioner has been appointed as Para Teacher under the Sarwa Siksha Abhiyan which was purely on contract engagement

for a particular period. The petitioner has been engaged but due to ailment she discontinued in discharging her duties and, therefore, after recovering

from the ailment, she has reported on duty which has been accepted by the concerned Block Education Extention Officer subject to approval by the

District Superintendent of Education-cum-District Programme officer in this who has disapproved it and hence, instant writ petition has been filed.

It is settled proposition of law that the contract engage has got no legal and vested right to continue in service since the same is based on terms and

conditions of the contract.

It is admitted position that the petitioner has been appointed on certain terms and conditions. The appointment of the petitioner was initially for a year,

subject to its continuation but since the petitioner has discontinued from discharging her duties, the contract has not been renewed. After recovering

from the serious ailment as claimed, she has reported on duty, but her joining was not finally accepted by the competent authority and as such the

petitioner is before this Court, purely on humanitarian ground.

It is settled principle of law on sympathy no order can be passed by the Court of law. Therefore, the decision taken by the District Superintendent of

Education, Saraikela in not accepting her joining cannot be said to be illegal. As such the petitioner since having no legal vested right in continuing in

service and as such directing the authority to accept her joining after such a long time, would not be proper.

Hence declines to interfere with the writ petition; accordingly dismissed however, in case of any future vacancy, the candidature of the petitioner may

also be considered subject to suitability and eligibility.