RAMCHANDRAMATHO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India for an appropriate order and direction to the respondents to allow the petitioner to get pay and scale prescribed for trained graduate teachers, treating him as permanent Headmaster of the School with effect from the date of take over and also to quash the order of the District Superintendent of Education (respondent No. 4) transferring the petitioner to another school vide memo No. 244A dated 29-6-1985 (Annexure 17).

(2.) Facts of the case lies in a very narrow compass and are not much in dispute. The petitioner being the founder Headmaster of the school was appointed in pursuance of the resolution of the Managing Committee, dated 25-12-1979. Later, on becoming trained graduate, he was given pay and scale of graduate trained on the basis of the decision of the Managing Committee with effect from 1-7-1973. Thereafter, with effect from 1-4-1974, he was made permanent Headmaster of the school. He continued in the same capacity until the School was taken over by the Government in accordance with the provisions as contained in Section 3 (4) of the Bihar Non- Government Elementary Schools (Taking over of Control) Act, 1976 (in short: the Act).

(3.) This is not in dispute that the petitioner on the date of take over of the management of the school, was a trained graduate and getting the pay and scale of trained graduate. On the recommendation of respondent No. 4 dated 12-4-1975, the Special Secretary to the Government-cum-Director, Primary Education, vide his letter dated 25-7-1981, informed respondent No 41 that the school was being taken over by the Government under the provisions of Section 3 (4) of the Act. Surprisingly, with respect to the petitioner, it was mentioned that he would get only the scale fixed for the trained matri- eculate teachers. Ultimately, with effect from 19-9-1981, vide Annexure 8, the] school was finally taken over. Having noticed that as per the taking over notification, the pay scale of the petitioner was reduced from the prescribed scale of trained graduate to that prescribed for matriculate trained, he filed a representation before the appropriate authority. The District Superintendent of Education vide his letter dated 16-3-1983 (Annexure 10), confirming the petitioner's statement regarding his pay and status on the date of take over, recommended before the Director, Primary Education for sympathetic consideration. The same view was reiterated by the successor District Superintendent of Education and he also vide letter dated 24-4-1984 requested the Director, Primary Education that the case of the petitioner be considered sympathetically. Ironically, no order either rejecting or accepting the claim of the petitioner was passed. In the meantime, vide Annexure 17 on 29-6-1985, respondent No. 4 transferred the petitioner from the present school to a Middle School, Dayanagar, against the post of matriculate trained.