AWADHESH TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has filed this writ application for quashing of a notification issued under the signature of Deputy Secretary, Human Resources Development Department, dated 29.7.2009, as contained in Annexure-1, by which, in terms of the decision of the Departmental Promotion Committee, it was notified that the appointment of Petitioner shall be treated as on 25.4.1978, i.e. from the date of recognition of the school and, accordingly, his promotion to Selection Grade Scale and to the post of Headmaster shall stand cancelled and accordingly correction be made in the seniority list by removing his name from serial no.18 thereof. Thus, in terms of this decision of the Committee, the order of the Regional Deputy Director of Education (in short the R.D.D.E.') contained in memo No. 902 dated 23.9.1994, granting Selection Grade to the Petitioner, and memo No. 4272 dated 24.12.2006, promoting him as Headmaster, on provisional basis, stood cancelled. Petitioner has further prayed for a direction to the Respondents to allow him to continue in the said Scale and on the post of Headmaster by virtue of promotion granted to him by the said memo of the R.D.D.E. dated 24.12.2006.

(2.) Facts appearing from the pleadings of the Petitioner are that earlier the Petitioner was working as Teacher in Government Primary School, Noniya Tola, Narkatiyaganj in the district of West Champaran between 7th June, 1972 to 2nd April, 1978. However, he applied for appointment in Champa Kuwar High School, Lauriya, West Champaran, after this school received permission to establish from the Board on 19.7.1976. The Managing Committee selected him and appointed in the School on 6.2.1978. The school was granted recognition by the Board on 25.4.1978. It is pleaded that, in terms of the circular No. 891 dated 24.3.1967, all private schools, having permission to establish, were to have two posts of Fist Graduate Trained Teachers, one each for Science and Arts faculties. At the time of his appointment Petitioner was P.G. Trained. Hence, the Managing Committee appointed him against the post of P.G. Trained Teacher and granted him the scale. In 1980 an Ordinance was promulgated for takeover of all the private secondary schools of the State. The Ordinance was succeeded by two more Ordinances and thereafter the same matured into Bihar Non-Government Secondary Schools (Management and Takeover of Control) Act, 1981 (Bihar Act 33 of 1981). Under the parent Ordinances provision was made, which continued in the Act also, for deemed takeover of such schools, which had been granted permanent, provisional or partial recognition by the Board, with effect from 2.10.1980. Accordingly, the said Lauriya School also stood taken-over by the Government with effect from 2.10.1980.

(3.) Case of the Petitioner is that, by an order of the Department dated 4.1.1982, the scales of Assistant Headmaster, Selection Grade Teacher and Post Graduate Trained Teacher were merged in the scale of Rs. 415-745 with effect from 1.4.1978. As per his case, at the time of his appointment, he was appointed in the pay scale of Rs. 510-1155, which was prescribed pay scale for P.G. Trained Teacher. However, after takeover of his services, he was placed in the junior selection grade scale of Rs. 415-745, treating him as appointed on 25.4.1978. Accordingly, he applied for correction of the same and, by Annexure-4 dated 24.3.1994, the same was corrected showing him appointed on 6.2.1978 and he was allowed P.G. Trained Scale. Later on, when the 5th Pay Revision was implemented, Petitioner's case was also considered for grant of pay revision. By office order of the R.D.D.E. dated 23.9.1994, large numbers of teachers were granted promotion in the revised selection grade scale of Rs. 2200-4000 including the Petitioner, in terms of the resolution of the Finance Department No. 6022 dated 18.12.1989, from the dates they became eligible on completion of the requisite length of service.