- (1.) HEARD learned counsel for the parties. It is the case of the petitioner that he is entitled to be regularized on the post of Headmaster after having completed 7 years of service as such from the date of his appointment in the Project High School, Makka at present District Lohardaga.
(2.) ACCORDING to him, he was appointed as Incharge Headmaster by the Managing Committee before taking over of the aforesaid school as a project school by the State Government from 1.1.1982. He along with others had approached this Court earlier in W.P.S. No. 3589 of 2007. The said writ petition was disposed of by directing the concerned authority to consider the case of the petitioner along with others within stipulated time. By a reasoned order dated 13.5.2010, Annexure4 contained in Memo No. 2647, his case has been rejected on wholly arbitrary and illegal grounds. Learned counsel for the petitioner submitted that the petitioner is entitled for regularization on the post of Headmaster as has been granted to similarly situated person vide judgment rendered in the case of Kamdeo Prasad Shahi Vs. The State of Jharkhand & Others in W.P.(S) No. 2700 of 2006, Annexure9 dated 12.12.2008 as also that of one Sarayu Prasad Roy, in whose favour, such a reasoned order was passed by the Director, Secondary Education, Jharkhand, Ranchi on 15.3.2008, Annexure8 contained in memo no. 832. He has also submitted that this Court in W.P.(S) No. 547 of 2009 (Ayesha Kumar Vs. The State of Jharkhand & Ors.), directed the Director, Secondary Education, Human Resource Development Department, Government of Jharkhand to take a decision in the matter of regularization in similar circumstances.
(3.) LEARNED counsel for the petitioner has also relied upon a Division Bench judgment of the Patna High Court rendered in the case of Khirod Mahto Vs. The State of Bihar & Ors. reported in [2009 (1) PLJR 655]. In view of the ratio of the aforesaid judgments, it is submitted that the impugned order dated 13.5.2010 is wholly unsustainable in law. The respondents in their counter affidavit have justified the impugned order dated 13.5.2010, Annexure4, on the ground that he was appointed as Assistant Teacher for teaching Economics in Project School, Makka, Lohardaga, on honorarium of Rs. 10/ per day. It is also stated that though the petitioner was appointed as a Headmaster by the Managing Committee, the State Government has recognized the services of the petitioner as Assistant Teacher on adhoc basis and now after lapse of 25 years, such a claim for regularization on the post of Headmaster cannot be accepted. The petitioner has accepted the State Government's decision and worked as Assistant Teacher since long and suddenly his claim, as above, cannot be said to be legally sustainable.;