RAM BALLABH PD SINGH Vs. STATE

JUDGEMENT

(1.) The two common significant questions in this set of three connected writ petitions, which are of frequent occurrence within this jurisdiction have been referred for adjudication by a larger Bench in the terms following.

(2.) The representative matrix of facts, which are admittedly similar, if no identical, may be noticed briefly from C.W.J.C. 1946/84 (Baijnath Singh v. The State of Bihar and others) the petitioner began his service career with effect from 1st of March, 1969 as an Assistant Teacher in the Anugrah High School, Aurangabad. The Tapeshwari Kuer High School, Dosma, in the district of Aurangabad, was started in the year 1980 and in pursuance to an advertisement made by the Managing Committee of the said school, the petitioner who was duly qualified was appointed as the Headmaster of the aforesaid school and joined the post on the 1st of April, 1980. Meanwhile the management of the school had already applied for permission to establish and such a permission was duly accorded by the Director-cum-Special Secretary, Department of Education. Later Special Board was constituted with the District Education Officer and one another officer to test the feasibility for the grant of permanent recognition to the school The said Board after inspection of the school and complying with the other formalities recommended for the permanent recognition thereof and dated 3rd of April, 1982) the School was given permanent recognition and simultaneously taken over thereby.

(3.) The primary grievance of the petitioner is that in the aforesaid notification the petitioner's status was reduced from Headmaster to that of Assistant Teacher and it was stated that till the appointment of the permanent Headmaster in the school he would act as the Acting Headmaster. The petitioner represented against the alleged reduction of his status from Headmaster to that of an Assistant Teacher and Acting Headmaster to the authorities but to no avail. Consequently the present petition has been moved for a writ of mandamus directing the respondents to recognise and approve the services of the petitioner as a Headmaster of the school and fix his emoluments in the scale prescribed for the Headmasters and pay him the arrears of salary as well as the current salary in the said scale.