INDUPRAVA SARANGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY means of this Writ Petition, the five petitioners, who are working as Assistant Teachers of Sri Satyasai High School, Unit -III, Bhubaneswar have challenged the order dated 29.6.2004 passed by the Director of Secondary Education, Orissa and the consequential order dated 2.7.2004 of the Inspector of Schools, Khurda and have prayed for issuance of a Writ of Mandamus directing opposite parties 1 to 3 to give promotion to petitioner Nos. 1 and 2 to the post of Headmaster in Aided High Schools including the petitioners' school, keeping in view their seniority in the common cadre of the Trained graduate Teachers under the Inspector of Schools, Khurda Circle as per the provisions of Rule 8(3) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 (hereinafter referred to as 'the 1974 Rules') within a stipulated time to be fixed by this Court. By the impugned order dated 29.6.2004, the Director, Secondary Education, Orissa posted one Sri Ekadasi Jena (Opposite Party No. 4 in the instant Writ Petition) as Headmaster in Sri Satyasai High School, Unit -III, Bhubaneswar on deployment basis. Consequently, the Inspector of Schools, Khurda Circle, vide order dated 2.7.2004, directed opposite party No. 4 to proceed to the Institution in question and take over the charges from Smt. I. Sarangi, T.G. Teacher (Headmaster -in -charge) of the school, who is petitioner No. 1 in the present Writ Petition.

(2.) BEFORE proceeding further, it is necessary to peruse the provisions of Rule 8 of the 1974 Rules, which are quoted hereunder:

(3.) THE opposite parties 1 to 3 have further averred in their notes of submission as well as in the counter affidavit filed by opposite party No. 3 that the common cadre has not been finalized so far and therefore, the prayer of the petitioner Nos. 1 and 2 for promotion to the post of Headmaster cannot be accepted. A senior most teacher in charge of the post of Headmaster of the School has no right to claim the post of Headmaster.