CHANDRA SHEKHAR PRASAD, AGED ABOUT 50 YEARS S/O VISHWANATH PRASAD HEADMASTER RAJKIYA, CONGRESS HIGH SCHOOL, DASRATHPUR, PS GIRIYAK, DISTRICT NALANDA AT BIHARSHARIF Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) Bihar Public Service Commission issued Advertisement No.1 of 2007 for appointment on the post of Headmaster in various nationalised schools and project schools for girls in the State of Bihar. The terms and conditions of the advertisement are available from Annexure-5, which is part of a supplementary affidavit filed on behalf of the petitioner. Petitioner was one of the successful candidate. He has been appointed and posted as a Headmaster in what is known as Rajkiya Congress High School, Dasrathpur, P.S. Giriyak, District Nalanda at Biharsharif.

(2.) Prior to the petitioner being appointed as a Headmaster in terms of Annexure-5, petitioner was working in Navodaya Vidyalaya. No doubt, he was drawing certain benefits and pay scale by virtue of the post he held as an Assistant Teacher. But his grievance is that the pay, which is being extended to him by the State Government, is lower than the previous scale, which he derived by virtue of being an employee of the Central Government. Therefore, his pay should be protected.

(3.) He is emboldened further to make such a submission in this regard by virtue of the fact that certain Assistant Teachers, who were working in the State of Bihar by virtue of Annexure-7, have been extended that benefit but the claim of the petitioner or such other persons, who may have been working as Assistant Teachers under other States, have been negated. This is being termed by learned senior counsel for the petitioner to be violative of Articles 14 and 16 of the Constitution of India. His submission is that since the advertisement was common, the terms and conditions for recruitment as well as the benefit, which was required to be extended by such appointment, was common, there is no reason why the petitioner would not be extended the same benefit, which has been done by the State Government with regard to teachers working in the State of Bihar under the State of Bihar. Petitioner perceives discrimination by virtue of such a decision.