RAM AYODHYA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dispute in this case relates to promotion on the post of Headmaster of Middle School and grant of B.A. trained scale. The petitioner had approached this Court earlier in this regard in C.W.J.C. No. 4526 of 1981 and pursuant to the direction issued therein, filed a representation before the Director, Primary Education. The Director by order dated 23.7.1986 rejected the claim. The petitioner filed a review application which too was rejected on 1.10.1991.

(2.) THE claim of the petitioner emanates from grant of B.A. trained scale and promotion as Headmaster to Mahatma Singh, Veena Devi, Shail Kumari, Ram Nath Singh and Kamaldeo Dubey. Except Shail Kumari, who is dead, others have been impleaded as respondent nos. 4 to 7. Respondent nos. 6 and 7 have appeared and filed counter affidavit. Respondent no. 3 District Superintendent of Education Saran, has also filed affidavit.

(3.) AS regards Mahatma Singh the claim of the petitioner rests on the premise that he should be treated as junior because he joined the post on 3.11.1968, a day later than the petitioner. The plea has to be summarily rejected. It transpired in course of hearing that both the petitioner and Mahatma Singh were appointed in the same transaction. Mahatma Singh was allocated to Siwan district upon bifurcation of the district of Saran. The bifurcation is said to have taken place in 1972. However, it is not clear as to when the cadre transfer was effected. As a matter of fact, it is also not clear as to whether Mahatma Singh was placed below or above the petitioner in the pane! of the merit list. It is also not known whether promotion to B.A. trained scale of Mahatma Singh was allowed before or after his transfer to Siwan district. It is plain that if Mahatma Singh was placed above the petitioner in the panel, notwithstanding his joining later than the petitioner, he would be treated as senior to him. Similarly, it is beyond dispute that if he was allowed promotion and was granted B.A., trained scale after his transfer to Siwan district, the same cannot be questioned by the petitioner as assistant teachers constitute district level cadre. Pleadings on these points are conspicuously absent and, therefore, it is not possible to accept the claim of the petitioner merely on the ground that he joined the post on 2.11.1968 while Mahatma Singh joined on 3.11.1968.