B.B.MANGALMURTI J. - (1.) Heard learned counsel for the parties.
(2.) The respondent-State of Jharkhand in W.P.(S)No. 2700 of 2006 is the appellant, being aggrieved by the judgment dated 12.12.2008 passed by the learned Single Judge whereby they have been directed to treat the petitioner as regular Headmaster of the School from the date of his completing seven years from the date of his official appointment as In- charge Headmaster of the School on 20.08.1986 and to pay him all the consequential benefits on the post of Headmaster which accrue to him, till the date of his retirement.
(3.) The writ petitioner had approached this Court being aggrieved by the order dated 04.02.2005 passed by the respondent no. 2, Director, Secondary Education, Jharkhand by which the claim for treating him as permanent Headmaster of Raghunath Shahi Project High School, Govindpur in the district of Deoghar has been rejected. He had also sought a direction to be treated as regular Headmaster of the school from the date of taking over of the school by the State government under the project scheme and to pay all consequential benefit thereupon. The case of the writ petitioner as pleaded before the writ Court was interalia as follows:- Raghunath Shahi Project High School, Govindpur in the district of Deoghar was established as private school in the year 1978 by the Managing Committee after permission of the Bihar Secondary Eduction Board. He was appointed by the Managing Committee of the School on 18.01.1978 as a first teacher. Later the Managing Committee appointed him on the post of Headmaster on 19.07.1978. Under the policy decision of the State Government dated 27.05.1981, the School was taken over by the State Government under the project scheme on 15.03.1982. Petitioner pleaded that Bihar Non-Government Schools Secondary (Management and Control) Act , 1981 was enabling Act for taking over the School. He made representations for regularization on the post of Headmaster of the School. Having failed to elicit any result, he preferred, which was disposed of on 02.09.1992 with a direction to the respondents to consider his case. After pursuing Contempt Petition being MJC No. 330 of 1993, the impugned order dated 04.02.2005 was passed by the Director, Secondary Education, Government of Jharkhand rejecting his claim.;