N.N.TIWARI, J. - (1.) IN this writ application the petitioner has prayed for appropriate writ(s)/order(s)/direction(s) commanding upon the respondents. (I) To regularize and approve his services as Heard Master of Ram Lakhan Singh Yadav High School, Kokar, Ranch! with effect from the date he completed seven years from the date of recognition of the said school or take over of the said school i.e. w.e.f. 6.12.1985 or 2.10.1987. (II) For payment of arrears of salary in the .scale of Head Master w.e.f. 6.12.1985 or 2.10.1987 along with Other consequential benefits. (III) For quashing the order contained in Memo No. 2276, dated 30.8.2005 (Annexure - 11) whereby his said claim has been rejected by the Director, Secondary Education, Jharkhand. during pendency of this application.
(2.) THE facts giving rise to this case are as follows ; The petitioner is an M.A., B.Ed. He was appointed as founder Head Master in Ram Lakhan Singh Yadav High School, Kokar (Ranchi) [hereinafter referred to as "the said school"] which was established in January 1974. Since thereafter he had been continuously working as the Head Master until he retired on 30.6.2004. The said school was established after obtaining permission from the Bihar Secondary Education Board, Patna vide letter dated 26.3.1976. The school was thereafter granted permanent recognition by the Bihar Secondary Education Board, Patna with the teachers including the petitioner by Memo No. 36604 -10, dated 6.12.1978, The petitioner 'sname was at SI. No. 1 showing him as In -charge Head Master. Subsequently the school was taken over by the Government under the provisions of the Bihar Secondary School Takingover Act, 1980 w.e.f. 2.10.1980. On the said date of taking over of the school by the Government, the petitioner was still working as I/C Head Master and he was also getting allowance of 1/C Head Master, In addition to his pay scale of Assistant Teacher. All along he continued as the I/C Head Master. Government of Bihar, Education Department had taken policy decision vide letter No. 0222/79 Edn. 85, dated 16.10.1981 whereby the founder the Head Masters on completion of seven years from the date of taking over of the schools were to be recognized as Head Masters of the school keeping in view their valuable contribution in the establishment of the school. Accordingly, on completion of seven years from the date of taking over the said school, the petitioner filed his representation to the concerned authorities requesting them to recognize him as the Head Master of the said school and to pay the salary in the prescribed scale of the Head Master, His representation was recommended by the then District Education Officer, Ranchi by his letter dated 20.9.1993 but 110 order was passed on the said representation even after repeated requests and reminders. It has been stated that during the period when the petitioner was the Head Master, there was remarkable and commendable performance of the school and for the best results credentials were given to the petitioner. The petitioner was the drawing and disbursing officer of his school and had been discharging all the functions of a regular Head Master. The petitioner claimed that as the other similarly situated founder Head Masters were given status of regular Head Masters after completion of seven years and were given the scale of the Head Masters, he is also equally entitled to get the same treatment and benefits. But he has been discriminated against and his genuine claim has been illegally and arbitrarily denied by the respondents. The respondents in course of hearing of the instant writ application had assured to consider his claim and pass appropriate order and for that purpose the hearing of the case was adjourned. But vide order contained in Memo No. 2276, dated 30.8.2005 (Annexure -11) his claim has been arbitrarily rejected. The respondents contested the petitioner 'sclaim in their counter affidavit, inter alia, stating that the State Government had issued the circular by letter No. 85, dated 16.10. 1981 whereby it was provided that the services of those founder Head Masters who had already completed seven years of continuous service on the date of taking over of the school shall be recognized as regular Head Masters provided they posses necessary academic qualifications. The said benefit facility, however, was given to the founder Head Masters who had completed seven years of service till 2.10.1980. The petitioner on that date had not completed seven years of continuous service as founder Head Master of the said school and as such he is not entitled to be recognized as regular Head Master after completion of seven years of his continuous service as founder Head Master/In - Charge Head Master on a later date, It was contended that recommendation for his recognition/regularisation by the District Education Officer does not confer upon him any legal right to be recognized/regularised as the Head Master.
(3.) MR . Md. S. Anwar, learned Senior Counsel appearing on behalf of the petitioner, submitted that the petitioner having possessed the requisite educational qualification and completed seven years as founder Head Master of the said school on 2.10.1987 and continued as such till his retirement on 30.6.2004, is entitled to be recognized as regular Head Master and to get pay scale admissible to the Head Master from 2.10.1987 till the date of his retirement on 30.6.2004. He is also entitled to get the arrears of difference of pay of his service period and the corresponding retiral benefits. Learned counsel relied on a decision of the Supreme Court in the case of A.K. Pradhan V/s. State of Bihar and Ors. - - - - and the judgment of this Court in the case of Mahesh Thakur V/s. State of Bihar and Ors. reported in - - - - to fortify his stand.;