KISBORI PRASAD Vs. SUB DIVISIONAL EDUCATION OFFICER

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India by the sole petitioner Kishori Prasad is directed against the directions contained in letter dated the 29th of Sept., 1973 (annexrue 4) written by respondent No. 1 to the petitioner which in its turn based on the order passed by the Director of Public Instruction (respondent No. 2) dated the 18th of Sept., 1973 (annexure 1 to the counter-affidavit filed by respondents 1 and 2). The application is also directed against another direction dated the 11th of Oct., 1973 contained in a letter sent by respondent No. 1 to the petitioner (annexure 6) for handing over the charge of the office of the Headmaster of the Nagarpalika Middle School, Manpur in the district of Gaya to Ganesh Prasad, respondent No. 4.

(2.) The petitioners obtained rule on his application and the same was placed for hearing before L. M. Sharma, J, who by his order dated the 29th of April, 1974 referred it to a Division Bench. This is how it has come before us.

(3.) In order to appreciate the points involved in this application.it will he necessary to state briefly the facts. The petitioner, as stated by him in his application was appointed a teacher by Gaya Municipality, respondent No. 3 in 1965 and at that time the petitioner had passed the Secondary School Examination and had also completed two years course of Teachers Training and had passed the Senior Teachers Training Examination. The petitioner thereafter passed the Intermediate Examination in 1967 and B. A Examination in 1970. The petitioner was given a scale of I. A. trained teacher in 1968 and that of B. A. trained teacher in 1971. He was given the post of First Assistant Teacher in 1968 in Janakpur Middle School, Buniadganj, in the district of Gaya under respondent No. 3. By letter dated the 10th of July, 1971 issued by the Special Officer of respondent No. 3, he was appointed as the Headmaster of Nagarpalika Middle School, Manpur (hereinafter referred to as the School). A copy of the said letter of the Special Officer is annexure 1 to the application. He worked as the Headmaster of the School, according to him, to the satisfaction of all concerned. A certificate dated the 9th of March, 1973 granted by respondent No. 1 showing such satisfaction is annexure 2 to the application. The Special Officer of respondent No. 3 forwarded the pay scale of a number of teachers including the petitioner for approval to respondent No. 2, who was pleased to approve the pay scale of the petitioner under letter dated the 16th of June, 1973 (annexure 3). The petitioner as stated in paragraph 8 of the application suddenly received a letter dated the 29th of Sept., 1973 (annexure 4), one of the directions from respondent No. 1 intimating him that he was reverted to the post of First Assistant Teacher in the School and respondent No. 4 (Ganesh Prasad) was appointed as the Headmaster of the School. Thereafter, the petitioner filed a representation before respondent No. 2 through respondent No. 1 on the 9th of Oct., 1973 (annexure 5) and he also sent one copy of the representation direct to respondent No. 2, but no reply was sent to him till the date of the filing of the application in this Court. Respondent No. 1 was pressing the petitioner to hand over charge to respondent No. 4 which would be apparent from letter dated the 11th of Oct., 1973 (annexurs 6).