BALRAM CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner seeks quashing of the order of the Special Secretary, Secondary Primary and Mass Education, dated May 27, 1995, which has been passed pursuant to direction of this Court in C.W.J.C. No. 11736 of 1993, rejecting his claim for recognition as headmaster of Dhamdaha High School, Purnia, and a direction to the respondents to recognise / promote him to the post of Headmaster in view of the Government order as contained in Circular No. 510 dated November 20, 1981 of the Education Department.

(2.) Circular dated November 20, 1981, copy whereof has been marked Annexure-3 to the writ-petition, lays down, inter alia, that the school in which vacancies in the post of Headmaster had occurred prior to 2-10-80 shall be treated as separate unit and the same shall be filled up by promotion from the teachers of the same school subject to his fulfilling the requisition conditions. The Special Secretary in his impugned order has held that the vacancy and occurred on 2-10-80 and, therefore, the school cannot be treated as separate unit and the petitioner cannot be entitled to be recognised/promoted as Headmaster.

(3.) Mr. Ramchandra Jha, learned Counsel for the petitioner, submitted that the regular headmaster of the school superannuated from service on June 30, 1979. Thereafter, on December 31, 1979 one Nawal Kishore Mishra was promoted as the Headmaster. However, his promotion was not found to be in order and the same was cancelled by the State Government vide its letter No. 1273 dated July 1, 1980. Copy of the said letter dated July 1, 1980 appears at Annexure-17 of the writ petition, Nawal Kishore Mishra in the light of the said order made over charge of the office to the petitioner on October 1, 1980. According to the petitioner, Nawal Kishore Mishra has been deemed to have superannuated from service with effect from June 30, 1979 and he has been allowed pension and other retirement dues accordingly. Learned Counsel for the petitioner, in these facts, contended that the vacancy must be deemed to have occurred prior to 2-10-80.