KAILASHPATITIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order dated 18-8-1992 as contained in Annexure-1 to the writ application whereby and whereunder the petitioner has been directed to hand over charge of the post of Incharge Head master, Hazari Lal High School, Baliban Sagar in the district of Gopalganj (hereinafter referred to as the School').

(2.) The permanent Head master of the School superannuated. He allegedly handed over charge to the petitioner on 31-7-1992. According to the petitioner he is the seniormost teacher of the school and as such he was legally entitled to become the seniormost Incharge of the School. It has been contended that the petitioner entered into service in 1954 whereas the Respondent No. 4 entered into service in 1958 and both became trained on the same day According to the petitioner, the impugned order as contained in Annexure-1 whereby the petitioner has been directed to hand over charge of Incharge Head master of the said School in favour of Respondent No. 4 is illegal.

(3.) In this case a counter affidavit has been filed on behalf of the State as also on behalf of the Respondent No. 4. A supplementary counter affidavit has also been filed on behalf of the Respondent No. 4. In the said counter affidavits it has been contended that a gradation list was prepared for Saran division and from a perusal of the said gradation list it would appear that Respondent No. 4 was senior to the petitioner.