BASUKI NATH PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, Basuki Nath Pathak has challenged the order dated 16.2.1990 passed by the respondent -Special Director, Secondary Education, Bihar, as contained in Annexure -1. By the impugned order the respondent -Special Director, Secondary Education while allowed the appeal which was filed by the Respondent No. 4, Mithilesh Mishra, set aside the order passed by the Chairman, Sanskrit Shiksha Board, contained in Memo No. 7819 dated 13.9.1988, which was in favour of the petitioner.

(2.) THE brief facts of the case show that both the petitioner and Respondent no. 4 were appointed in Radha Krishna Sanskrit Prathmik Sah Madhya Vidyalaya, Jamalpur, Munger on 1.4.1977. At the time of appointment the petitioner had passed only first part of Shastri examination and had appeared in the second part of the said examination. The appointment of petitioner was made on honorary basis. It was further stipulated that after passing the second part of Acharya Examination the appointment of the petitioner is to be treated as a regular and valid. The petitioner passed the second part of the said examination in August, 1977. The school was a Primary Sanskrit School at that point of time. For the said reason the Vice Chancellor of Kameshwar Singh Darbhanga Sanskrit University, Darbhanga approved the appointment of the petitioner as a second Sanskrit Teacher by letter dated 26.4.1982, with effect from 1.9.1978. At the time of approval the qualification of the petitioner was Acharya. According to the petitioner, his appointment was so approved in the then scale of Rs. 440 -890/ -, which was revised to Rs. 630 -1080/ -.

(3.) THE post of Headmaster of the School fell vacant on 31.7.1983. The petitioner was treated as senior most teachers and was promoted to the post of Headmaster on 7.8.1983. The school was made Primary -cum -Middle School by that time, so the power of approval stood vested with the Bihar Sanskrit Shiksha Board ('the Board' for short). The Board by its order dated 10.9.1983 approved the promotion of the petitioner placing him on probation for one year. This order of approval was challenged by the respondent no. 5, Shri Mithilesh Mishra in CWJC No. 1363. of 1984. This Court by order dated 25.4.984 disposed of the said writ petition directing him to file representation before the Board with a direction to the Board to decide the same. The Board heard both the petitioner and Respondent No. 5 and decided the same by order, contained in memo dated 29.10.1984. The petitioner, Shri Pathak was declared senior to respondent, Shri Mishra. The Respondent No. 5, Shri Mishra, who was under suspension at that point of time, was reinstated on revocation of suspension. The Managing Committee was given liberty to fill up the post of Headmaster on regular basis by appointment through advertisement or by promotion. The petitioner was ordered to function as Incharge Headmaster of the School.