FAUJDARI PRASAD SUMAN Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This application by Faujdari Prasad Suman under Articles 226 and 227 of the Constitution of India is directed against an order dated the 4th Sept., 1974 (Annexure 14) passed by the District Superintendent of Education, Begusarai (Respondent no. 2), reverting the petitioner from the poet of Headmaster of Raghunathpur Middle School to the post of an Assistant Teacher of the said school.

(2.) In order to appreciate the points involved in this application, it will be necessary to state briefly the facts as stated by the petitioner in his application and as stated in the counter affidavit filed on behalf of Respondent No. 2 The petitioner stated in his application that he passed I. Sc. Examination in 1964 and was appointed on temporary basis as Assistant Teacher of Raghunathpur Middle School (hereinafter referred to as 'the said school') which was an aided school, on the 5th May, 1965 by the Managing Committee of the said school as it would be apparent from Annexure '1' to this writ petition.

(3.) The petitioner was confirmed on the said post on the 5th April, 1966 under resolution of the Managing Committee which was communicated to him by the Secretary of the said school under letter dated the 5th April, 1966 (Annexure 2). His appointment as a permanent Assistant Teacher was approved by Respondent No 2 under his memo dated the 24th Nov., 1967 (Annexure 3). Under the said memo it was directed that the pay, salary and D. A. etc. would be paid from the District Education fund which, according to the petitioner, is done when the teachers' appointment is confirmed. The then District Superintendent of Education was thereafter transferred, and a new District Superintendent of Education (Sri Sheo Shankar Das) took charge from his predecessor-in-office. The new Superintendent of Education asked the Secretary of the said school to remove the petitioner from the school. The Secretary of the school, accordingly, under the resolution of the Managing Committee asked the petitioner to quit the school (vide Annexure 4). Thereupon the petitioner aggrieved by the order, made a representation to the S. D. O. of Education, who, however, pleased to depute the petitioner to receive training at Shahpur Teachers' Training School, Begusarai, treating the petitioner to be a regular teacher (vide Annexure 5). The petitioner also received stipend during his training period as a regular teacher. After receiving training, the petitioner wanted to join the said school on the 1st June, 1971, but he was prevented from joining by the Secretary of the said school. Thereupon he filed a representation before Respondent No. 2 on the 2nd June, 1971. The representation of the petitioner, however, remained pending for a long time. During the pendency of his representation, the petitioner passed the Training Examination in 1971 and his name was also included in the panel of the District. Meanwhile, a vacancy occurred to the post of the Headmaster in the said school, and as the petitioner was qualified for the post, the Managing Committee of the said school appointed him to the post of Headmaster in anticipation of approval of the higher authorities with effect from the 2nd April, 1973 (vide Annexure 6). A copy of the resolution regarding the appointment of the petitioner to the post of Headmaster was communicated to Respondent No. 2 by the Managing Committee. Respondent No. 2 under letter dated the 13th April, 1973 (Annexure 7) informed the Secretary that the name of the petitioner was already included in the list of panel, which was sent to the Secretary for acceptance. Respondent No. 2 also informed that allowance etc. shall be paid to the petitioner only after approval. The petitioner further stated in his application that he was, however, working as the Headmaster of the said school and was also drawing his basic pay as Headmaster. In the month of July, 1973 an ad hoc Committee of the said school was constituted for the first time of which a new Secretary, that is, Sub-Inspector of Schools of Shahebpur Kamal was made. The new Secretary was not happy with the petitioner. He wrote a letter on the 4th Aug., 1973 to Respondent No. 2 against the petitioner for his removal. Respondent No. 2 under his memo dated the 18th Aug., 1973 (Annexure 8) ordered for removal of the petitioner. Thereafter the petitioner went on leave from the 18th of Oct., 1973, for two months from the said school, and he joined a new post of temporary teacher at Balia under a crash programme on the 18th of Oct., 1973. Petitioner's name in the panel was also approved on the 18th Oct., 1973 and the same was communicated to Respondent No. 2 (vide Annexure 9). On receipt of the said approval, Respondent No. 2 sent a letter dated the 7th Dec., 1973 (Annexure 10) to the petitioner to join his previous post of Headmaster in the said school. According to the petitioner, in the said letter Respondent No. 2 wrongly wrote that the petitioner would get salary of a trained Matric, although the petitioner was an I. Sc. trained, and he was entitled for that scale of pay. According to the petitioner, the scale of pay for I. Sc. trained payable to the petitioner was under consideration, as it would appear from the letter dated the 4th Jan., 1974 (Annexure 11) written by Respondent No. 2 to the Secretary. Subsequently, the petitioner was given a scale of I. Sc. trained which is granted to the Headmaster under Memo No. 446 dated the 13th March, 1974 (Annexure 12). His full salary and the allowance etc. in the scale of I. Sc. trained was passed from the 10th Dec., 1973 to the 31st March, 1974. Meanwhile, Sri Sudarshan Prasad took over charge from Sri Sheo Shankar Das as District Superintendent of Education. Sri Sudarshan Prasad refused to pay the salary etc. of the petitioner at the approved scale of pay meant for trained I. Sc., and he passed the salary bill at the scale of the Matric trained for the period from April, 1974 to onwards. The petitioner thereafter filed an application before him who, however, wrote to the petitioner under letter dated the 2nd Aug. 1974 (Annexure '13') to produce relevant papers before him. Thereupon the petitioner produced the relevant papers, which were retained by Respondent no. 2 in his office. Later, under a memo dated the 4th Sept., 1974 which contains the impugned order, the petitioner was reverted back to the post of an Assistant Teacher of the said school and was ordered that he would get salary in the scale of trained matric. It was further ordered that the post of the Headmaster would be filled up, and meanwhile the senior most teacher would take charge as Headmaster of the said school. It was also stated therein that the salary of the Headmaster would be paid according to the District Gradation List.