RAM NATH SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and order of a learned Judge of this Court dated May 9, 1995 in CWJC No. 5112 of 1991 dismissing the writ petition filed by the appellant claiming the scale of Headmaster with arrears since the date of his appointment as Headmaster. The appellant also prayed for quashing of the order of the Director, Primary Education, rejecting his claim.

(2.) The appellant was appointed as an Assistant Teacher in District Board Middle School on 19.9.1960 and was thereafter appointed as an Assistant Teacher in Middle School, Phuldih, a Government school. By order dated 10.4.1962 he was appointed as a Headmaster of the Dihari Middle School. At the relevant time when the appellant was appointed as a Headmaster, an I.A. trained teacher was eligible for appointment as a Headmaster of a Middle School. The appellant being an I.A. trained teacher was, therefore, eligible for appointment as Headmaster. The appellant held the post of Headmaster of, different schools, but he was aggrieved by the fact that he was not being paid the scale payable to a Headmaster and the distinction was sought to be made on the ground that since he was an I.A. trained teacher, he was not entitled to the higher scale of Headmaster for which the minimum qualification was B.A. trained.

(3.) The appellant filed a writ petition being CWJC No. 7711 of 1990 which was disposed of by this Court by order dated 8.4.1991 directing the appellant to make a representation to the competent authority which was required to dispose of the representation in accordance with law. The appellant's representation was rejected by order dated 7th of June, 1991 by the Director Primary Education. The appellant challenged the said order by filing the writ petition being CWJC No. 5112 of 1991 which was rejected by a Division Bench of this Court by order dated 22.7.1992. The appellant preferred SLP No. 14963 of 1992 which was ultimately allowed by order dated 9.1.1995 by the Supreme Court of India and the Hon'ble Court directed a fresh hearing of the matter on merits without reference to the order under appeal.