RAM KRISHNA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER initially filed this writ application for a direction to the respondents to treat his promotion to the post of Headmaster as perfectly legal and valid giving him continuity from 11.4.1970 and for a direction to the respondents to pay his salary of the post of Headmaster, arrears as well as current. In view of the show cause notice issued to the petitioner, to which he replied, petitioner also prayed to restrain the respondents from interfering with his promotion order. However during the pendency of this writ application respondents came up with the final order as contained in Memo No. 2577 dated 4.7.2007 issued from the Human Resources Development Department, Government of Bihar by which the promotion granted to the petitioner to the post of Headmaster was cancelled. Therefore, petitioner filed I.A. No. 3733 of 2007 enclosing a copy of the said order cancelling his promotion and prayed for amendment of the prayer in the writ application by making a prayer for quashing of the said notification as contained in the said memo. Said I.A. was allowed by a Bench of this Court by order dated 11.9.2007.

(2.) Thus the prayer of the petitioner stood amended by adding the prayer for quashing of the said notification. Short facts of the case are that petitioner was initially appointed as Assistant Teacher in State Subsidized Higher Secondary School, Raidih in the district of Gumla where he joined on 11.4.1970. He continued in the said school till 22.5.1974. However, on being offered appointment as Assistant Teacher in Prayag Lal Sahu High School, Sohsarai in the district of Nalanda, petitioner resigned from the said school of Raidih on 22.5.1974 and joined the said school at Sohsarai on 23.5.1974 i.e. the very next day. By letter dated 22.6.1983 (Annexure -1) issued by the District Education Officer, Nalanda, petitioner was granted continuity of service with effect from 11.4.1970 i.e. initial date of his appointment in the School at Raidih.

(3.) THEREAFTER counting the services of the petitioner with effect from 11.4.1970,he was granted first time bound promotion by order of the Regional Deputy Director of Education, Patna Division vide Annexure -2. Petitioner continued in service and his case was thereafter considered for grant of promotion to the post of Headmaster by Human Resources Development Department. Government of Bihar, Patna. By dint of his seniority in the cadre and taking into account his length of service, petitioner was granted promotion to the post of Headmaster by notification dated 24.12.2006 of the Department vide Annexure -3 and he was posted on the vacant sanctioned post of Headmaster in High School, Sahokhar in the district of Nalanda. Petitioner submitted his joining in the said school at Sahokhar on 3.1.2007 vide Annexure -4 which was accepted and he started functioning as Headmaster there.