MAHESH KUMAR VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner Maheshkumar Verma was employed as principal, Higher Secondary School, Somni. The school was run by Janapada sabha, Rajnandgaon. The school, along with other Janapada Schools, was taken over by the State Government from 1st October 1969. The Government by order dated 21st December 1967 laid down the principles for absorption of the staff of these schools in Government service. The petitioner, to begin with, was continued as Principal, but by order dated 2nd September 1972 (Annexure-B), the Divisional Superintendent of Education, absorbed the petitioner as Upper division Teacher. The petitioner claims that he was qualified to be absorbed as Principal in accordance with the principles laid down in the order of the government dated 21st December 1967. Consequently, by this petition under article 226 of the Constitution, the petitioner prays that the Government be directed to absorb him as Principal.

(2.) THE dispute between the parties is on the question whether the petitioner had worked on the post of Principal for a minimum period of seven years as required by clause 3 (b) of the order dated 21st December 1967. This clause reads as follows:

(3.) THE petitioner worked as in-charge Principal of Higher Secondary school, Ghunka, from 12th September 1959 to 31st March 1961. The petitioner also worked from 22nd November 1963 to 27th July 1965 as in-charge Principal of Higher Secondary School, Somni. The petitioner was appointed as Principal on 28th July 1965 in Higher Secondary School, Somni, and was confirmed as principal on 28th July 1967. As earlier stated, the school was taken over on 1st October 1969. It will be seen that if the two periods during which the petitioner worked as in-charge Principal in Ghunka and Somni Higher Secondary schools are taken into account, it will have to be held that the petitioner worked as Principal for a period of seven years before the school was taken over.