JUDGEMENT
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(1.) 1. The petitioner was made Incharge Head Master of R. Mitra plus two/High School, Deoghar and performing such duty since 31st January, 2000. After about one year and four months, by an order dated 2nd May, 2001, the 4th respondent, Shashi Sekhar Jha was made Incharge Head Master of the school.
2. Taking into consideration the stand taken by the petitioner and the fact that no departmental proceeding was initiated against him, nor any criminal case is pending, this Court vide order dated 31st May, 2001 stayed the order dated 2nd May, 2001.
3. During the pendency of the writ petition, for the reasons best known to the respondents, they issued an order, contained in letter No. 1034 dated 19th November, 2001 by which the 5th respondent. Jaladhar Pramanik was made Incharge Head Master of the school.
4. A notice was also issued to respondent No. 5 on 20th December, 2001 and this Court stayed the order, contained in letter No. 1034 dated 19th November, 2001. It was observed that it was open to the authorities to take work of Head Master from the senior -most teacher of the school against whom no departmental proceeding is pending.
5. The case was again taken up on 18th February. 2002, and on hearing the parties, taking into consideration that the 5th and 4th respondents are junior to the petitioner, the Court observed as to why regular Head Masters shall not be appointed in all the schools, including the school in question.
6. The Secretary, Education Department. Government of Jharkhand and the Director. Secondary and Primary Education were asked to appear and file counter -affidavits.
7. In the counter -affidavit, the Secretary, Human Resources Department given the details of appointments already made in one or other school, the percentage of posts filled up by direct recruitment and promotions at Paragraphs '4' and '5' to the counter -affidavit and at Paragraph '7', it was stated that the regular appointment to the post of Head Master in all High Schools will be made within a period of six months.
8. The respondents though alleged that a proceeding is purported to be pending against the petitioner, but they have failed to give any detail of such proceeding pending, nor the details of any criminal proceeding. Now, the stand has been taken that proceeding shall be initiated against the petitioner.
9. Having regard to the facts and circumstances, the case is disposed of with directions to the respondents to fill up the post of Head Master of School on regular basis, on an early date, preferably within a period of six months.
10. In the meantime, the petitioner will function as Incharge Head Master of the school till regular appointment is made or any appropriate order is passed in accordance with law, whichever is earlier.
11. The writ petition stands disposed of.;
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