ASHOK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this writ application the petitioner has assailed the order passed by the Director, Primary Education contained in memo no. 749 dated 06.06.2013, whereby and whereunder, respondent no. 5 has been declared to be senior to the petitioner on the post of assistant teacher in primary School and consequently has been also held to be entitled to work as Incharge Headmistress of Maner Girls Middle School Maner (hereinafter referred to as the School).

(3.) Learned counsel for the petitioner in support of the aforementioned prayer has basically concentrated on two aspects namely, that on account of the appointment of the petitioner as an assistant teacher in the middle School on 08.04.1982, he had ranked senior to respondent no. 5 because she had sought her inter district transfer to Patna district and had joined in Patna district only on 12.07.1982 and thereby losing her earlier seniority even though she was appointed as a teacher on 11.08.1980. Additionally, it has also been highlighted that since the petitioner was already promoted in the I.Sc trained pay scale, he was bound to be reckoned senior to respondent no. 5 because she was only promoted in the matric trained pay scale. In this regard, learned counsel for the petitioner has also drawn attention of this Court towards various orders passed by the District Programme Officer (Establishment), Patna and the Regional Deputy Director of Education, Patna, whereby and whereunder, the petitioner only on account of his being reckoned senior to respondent no. 5 was authorized to work as Incharge Headmaster of the School.