- (1.) IN this writ application the petitioner has prayed for a direction upon the respondents to treat the petitioner as permanent Headmaster of Shashi Bhushan Ray High School Simra, P.S. Jasidih, District - Deoghar alongwith all consequential benefits from the date of taking over the school i.e. on 02.10.1980 as he has completed seven years of service discharging the duties of Headmaster in terms of the order dated 09.02.1998 passed in C.W.J.C. No. 468 of 1988.
(2.) THE petitioner was initially appointed as Assistant Teacher in Paras Nath Digamber Jain Secondary School, Isri Bazar, Giridih by the Managing Committee of the said school on 04.01.1969. The petitioner was sent for training in 1975 while he was posted in the said school and the petitioner has passed the training examination in 2nd Division. The petitioner on 02.06.1978 was relieved from Paras Nath Digamber Jain Secondary School, Isri Bazar, Giridih to join as Assistant Teacher in Shashi Bhushan Ray High School Simra, P.S. Jasidih, District - Deoghar where the petitioner joined on 10.06.1978. The State of Bihar by promulgating the Ordinance known as Bihar -non -Government Secondary School (taking over Management and control) Ordinance 1980 took over recognized Secondary Schools including the school in which the petitioner was serving. A letter was issued by the Department of Education, State of Bihar dated 20.11.1981 providing therein that the post of Headmaster of the school which was vacant prior to 02.10.1980 would be filled up from the senior most teacher of the school treating the school as a separate unit. Sub -Divisional Education Officer, Deoghar on 08.01.1980 made a communication to the Secretary, Secondary Education Board, Patna to give recommendation to the petitioner as Headmaster of Shashi Bhushan Ray High School, Simra, Deoghar stating therein that the petitioner fulfills all the requisites qualifications to be appointed as a Headmaster. The petitioner has represented the authorities with respect to his claim for treating him as a permanent Headmaster from the date of taking over of the school but the same has never been considered and, accordingly, the present writ application has been preferred.
(3.) HEARD Mr. Harendra Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Atanu Banerjee, learned Government Advocate. Mr. Harendra Kumar Singh, learned counsel appearing for the petitioner has submitted that the petitioner was initially appointed on 22.12.1968 on the post of Assistant Teacher in Paras Nath Digamber Jain Secondary School, Isri Bazar, Giridih and on being relieved from the said school, the petitioner joined as Assistant Teacher in Shashi Bhushan Ray High School, Simra, Deoghar. It has been submitted that after completion of ten years teaching experience the petitioner was appointed as a Headmaster on 13.12.1979 by the Managing Committee of Shashi Bhushan Ray High School, Simra, Deoghar and recommendations were also made to the Secretary, Secondary Education for appointment of the petitioner as Headmaster. It has further been submitted that in terms of the judgment passed by the Hon'ble Supreme Court in the case of A. K. Pradhan v. State of Bihar and Others, 1998 2 SCC 411 the petitioner having completed more than seven years of service is entitled to be regularised as a Headmaster if not from 02.10.1980 i.e. the date on which the school in which the petitioner was serving was taken over then from the subsequent date.;