SHASHI PRABHA VARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE prayer in this writ petition is to quash the orders, contained in letter no. 676 -79 dated 5.10.1982, letter no. 560 dated 14.3.1983, letter no. 4901 dated 19.8.83 and memo no. 563 dated 13th March, 1984 passed by the respondent authorities and to direct the respondents to consider the case of the petitioner for promotion on the post of Headmistress in Girls Middle School, Dalmianagar in the district of Rohtas which is a Non -Government Aided School.

(2.) ON 13.4.1984 after hearing the learned counsel for the parties, this Court directed for maintaining status quo as obtaining on that date. On 10.5.1984, while admitting the writ petition this Court directed for continuance of the said interim order. I am informed that by virtue of the said order though the petitioner is functioning as Headmistress, but not being paid salary of the said post. This Court in the order dated 7.8.1985, after noticing that the controversy in this writ application is with regard to the inter se seniority of the petitioner and respondent no. 7 and that the fate of the impugned order will depend on the outcome of the said controversy, felt that the authorities should examine this matter at their level and give this Court the benefit of their considered decision in the form of a report after hearing both the parties. The Education Commissioner -cum -Secretary was, accordingly, directed to ask the concerned Joint Secretary of his department to look into the matter arid send a report to this Court within four months. The parties were also directed to appear before the Education Commissioner -cum -Secretary for further action.

(3.) IT appears that despite several orders to expedite the hearing of this case, the matter remained pending as no report was submitted by the Education Commissioner -cum -Secretary. However, after this Court took serious exception to the said attitude of the respondents, the Secretary, Secondary, Primary and Adult Education, Bihar, Patna himself enquired and submitted a report on 14.5.1995 along with the supplementary counter affidavit filed on 20th May, 1996.