MEENA MISHRA W/O PREM PRAKASH MISHRA Vs. STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA

JUDGEMENT

(1.) Petitioner has filed this writ application for quashing of Annexure-17, an order of the School Inspectors-cum-Deputy Director of Education, Government of Bihar dated 17.12.2002, by which, her services have been ordered to be terminated, as also for quashing of Annexure-28, the follow up order of the Headmistress of the School (respondent No. 5) dated 23.12.2002 terminating her services.

(2.) As per the pleadings, by Annexure-1 dated 15.9.1982, the District School Inspectress (respondent No. 5), on the orders of the School Inspectress-cum-Deputy Director of Education, Government of Bihar (respondent No. 4), appointed the petitioner in Government Girls Middle School, Katihar, against a vacant post of I.A. trained scale teacher, in the pay scale of Matric trained, on provisional basis for three months or till a teacher was promoted to the said post, whichever was to be earlier. Accordingly, petitioner joined on the post on 20.9.1982. Vide Annexure-2 dated 20.12.1982 respondent No. 5 further extended her/services with the same conditions. Finally, as per her own admission, she was relieved with effect from 9.7.1983, as the post she was holding got filled up by promotion. Thereafter, by Annexure-3 dated 19.7.1983, under the orders of the respondent No. 4, she was transferred and adjusted in Government Girls Middle School, Buxar, with effect from 9.7.1983 itself, against a vacancy of assistant teacher created due to promotion of holder of the post. Thereafter, by annexure-4 dated 18.2.1989, issued under the signature of respondent No. 4, the period between 10.7.1983 to 22.7.1983, when the petitioner had joined in Buxar School, was ordered to be treated as on duty and the Deputy Inspectress of the School, Buxar, was directed to release her salary of the period. Before that, by annexure-5 dated 31.12.1987, an office order of the office of respondent No. 4, petitioner was transferred back to the Government Girls Middle School, Katihar, and the holder of the post in the Katihar School was transferred to the post of petitioner in the Buxar School. Vide notification No. 683 dated 6.9.1990, as contained in Annexure-6, large number of teachers of Lower Subordinate Service (Women's Cadre) were promoted to Subordinate Education Service, on the recommendation of the Establishment Committee, which included the petitioner also. Subsequently by another notification vide Annexure-7 dated 26.4.1991 petitioner was posted as Headmistress in the same School at Katihar and other large number of teachers of women's cadre were also posted and transferred variously.

(3.) It appears that some controversy arose in respect of appointments made in the Lower Subordinate Service and with regard to promotions of the teachers of women's cadre of Lower Subordinate Service to Subordinate Education Service. Hence on 27.7.1992 Government decided to hold enquiry in respect of all such appointments/promotions made from 1980 onwards and the subordinate authorities of the Department in the Districts, namely, the District School Inspectress and Principals of Government Girls High School and Principals of Women's Primary Education Colleges were directed to conduct the enquiry in respect of such incumbents. As the petitioner was also appointed after 1980 she also fell within the zone of enquiry. Accordingly, she was noticed and in response she submitted all her papers to the District School Inspectress (respondent No. 5) in two copies. However, vide Annexure-8 dated 14.9.1992 she communicated to respondent No. 4 that she had apprehensions that respondent No. 5 may be prejudiced against her and, therefore, she was submitting another set of papers before her. The matter remained pending and after some time vide Annexure-9 dated 18.4.1995, 160 teachers were called upon for interview all over the State in respect of enquiry with regard to their illegal promotion to Lower Subordinate Service. Petitioner appeared in such an interview on 31.5.1995.