RAJ MAHAL DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ONE Sri Ram Chandra Thakur was drawing B.A. trained scale, whereas the husband of the Appellant, Sri Raktu Singh was not getting B.A. trained scale. The husband of the Appellant filed CWJG No.3277/1979 and thereby contend that since Sri Ram Chandra Thakur, who started discharging the duties of a school teacher after him, has been accorded B.A. trained scale, he should also be accorded the same. Sri Ram Chandra Thakur pointed out to this Court that at the time of his joining, he joined as Headmaster, though he was not then qualified for being treated as a B.A. trained candidate but, however, before the taking over Act came into force, he had acquired the qualification for being treated as a B.A. trained candidate in the year 1971. The Court, therefore, held in CWJC No. 3277/1979 that Sri Ram Chandra Thakur, being a qualified person and having been appointed as Headmaster was also discharging the duties of Headmaster as on the date the taking over Act came into force could only be treated as Headmaster and as such he is entitled to B.A. trained scale. The husband of the Appellant, however, disputed the appointment of Sri Ram Chandra Thakur as Headmaster from the day one. Accordingly, the matter was sent back to the Authorities the State to enquire only that aspect of the matter. The matter was enquired and the Authorities of the State upon such enquiry found that Sri Ram Chandra Thakur was appointed as Headmaster of the school on the date he joined the same. In such situation the Authorities of the State held that Sri Ram Chandra Thakur by reason of the provisions contained in the taking over Act was entitled to B.A. trained scale. The matter was thus, concluded.

(2.) HOWEVER , the husband of the Appellant once again approached this Court by filing CWJC No. 651. of 1982. What was claimed in that Writ Petition is not known for the records thereof are not available and the Appellant has also not been able to produce copy of such records before us. It appears from the Order dated, 9.09.1983 passed in LPA No. 20/1982 preferred by the husband of the Appellant that CWJC No. 651 of 1982 was dismissed. While LPA No. 20/1982 was dismissed by the said Order dated, 9.09.1983, this Court observed that the husband of the Appellant may make a representation to the District Superintendent of Education, Patna or the Director of Education within a period of 10 days from the date of the said Order regarding his claim for obtaining B.A. trained scale in preference to Sri Ram Chandra Thakur. The Court observed that if such a representation is filed, the same should be disposed of in presence of the Appellant and Sri Ram Chandra Thakur in accordance with law.

(3.) AS would be evidenced from the Order dated, 23.08.1989, the same was issued for the reason that a junior to the husband of the Appellant in the gradation list was given promotion on the post of Headmaster. Though the name of this junior had not been mentioned in the said Order dated, 23.08.1989 but it has been accepted by the District Superintendent of Education, Patna that the said person was one Sri Ram Briksha Singh.