MANI SHANKAR GOPAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the petitioner and the State.

(2.) COUNTER affidavit, reply to the counter affidavit is on record. Pleadings are complete. Petitioner is aggrieved as he has been terminated by order, contained in Memo No. 3900, dated 21.11.2007, issued by the District Superintendent of Education, Bhagalpur, arbitrarily holding that petitioner was illegality appointed as Assistant Teacher on compassionate ground.

(3.) FATHER of the petitioner was working as Assistant Teacher in primary school. He died in harness. Petitioner being the son of the deceased teacher, Ramchandra Singh, filed an application for his appointment on compassionate ground. Petitioner 'scase is that his father died on 19.4.1989 and he submitted his application on 12.6.1989. The application has been annexed as Annexure -2, which shows that the name of petitioner 'smother, Madhulata Sinha, is mentioned in the list of dependents of deceased employee. In that column it is mentioned that Madhu Lata Sinha is working as Assistant Teacher in Primary School, Garbudihu, Bhagalpur. Application submitted by the petitioner was placed before the District Establishment Committee on 31.12.1990. The Establishment Committee took a decision that application of the petitioner should be sent to the Director, Secondary Education, Bihar, Patna. The Director, Secondary Education, Bihar, Patna, issued a letter, lated 22.9.1991, and directed to consider case of the petitioner on the basis of recommendation made by the District Establishment Committee. Subsequently, vide letter, dated 10.9.1991, on the basis of the recommendation made by the District Establishment Committee petitioner was appointed as Assistant Teacher vide order, contained in Memo Nos. 4246 -301, dated 12.8.1992, issued by respondent no. 6 as matric untrained teacher in Primary School, Malmala, Sahkund, Bhagalpur. Petitioner remained in service and enhanced his qualification under going the teachers ' training. He applied for granting him regular trained pay scale from the date of publication of his result, i.e., dated 20.6.2005. It has been alleged by the petitioner that when he applied for trained scale, some illegal gratification was demanded by the District Superintendent of Education. On petitioner 'sdenial, he was threatened. Petitioner immediately, thereafter, represented and made a complaint before the higher authorities. In retaliation by letter no. 3568, dated 20.12.2006, respondent no. 6 asked the petitioner to furnish full details regarding his appointment on compassionate ground when his mother was working as Assistant Teacher. Petitioner submitted his show cause before the District Superintendent of Education. The higher authority, the Deputy Director, directed the District Superintendent of Education to conduct departmental enquiry and then only take any action. Petitioner 'scase is that the District Superintendent of Education, Bhagalpur, in total disregard of the direction of the Deputy Director, Education, without initiating any departmental enquiry issued order, dated 21.11.2007 (Annexure -17) terminating him from service.