SHIV NANDAN YADAV DIWAKAR Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) PETITIONER has filed this application for quashing the office order dated 16.6.2008 issued under the signature of the Regional Deputy Director, Koshi Division, Saharsa vide GYAPANK 760 (Ni), whereby the respondent no. 8 has been considered as seniormost teacher in the school and a direction has been issued to make him Incharge Headmaster of the School. Petitioner 'scase is that being seniormost teacher in the school, after the retirement of earlier Incharge Headmaster, he was handed over the charge of Incharge Headmaster and was successfully discharging his duty in the capacity of Incharge Headmaster. The subsequent order issued by respondent no. 5 removing the petitioner from the post and declaring respondent no. 8 as senior teacher is illegal and arbitrary as he is not capable of discharging the duty of Incharge Headmaster. The orders impugned, as such are fit to be quashed. A supplementary affidavit has been filed on behalf of the petitioner alongwith which an order passed by Director Secondary Education has been brought on record. This order has been passed by the Director, Secondary Education in the light of order passed in CWJC No. 12374 of 2009 (Janardan Singh V/s. State of Bihar & Ors.). The matter was remanded to the Director, Secondary Education for consideration whether a physically trained teacher, whose name is higher in the seniority list, can be made Incharge Headmaster or ignoring his seniority the teacher who is generally trained teacher should be treated as senior to the physically trained teacher and be asked to discharge the duty of Incharge Headmaster.

(3.) THE Director, Secondary Education on consideration of entire material has passed an order dated 24.4.2009 where it has been held that controversy which is being raised time and again should be settled by this order. Since till date there is only one seniority list contained in departmental letter no. 6066 dated 24.11.1986, which is being maintained in the offices of all Regional Deputy Director of Education and there has not been any further amendment in that list, whereby the name of physically trained teachers, who are seniors to other teachers, have been excluded from the list, on the basis of subsequent order contained in memo no. 542 dated 8.7.2008 the physically trained teachers cannot be held junior to the general trained teachers, considering their seniority they can be made Incharge Headmaster until and unless the seniority list prepared in the year 1986 is amended. It has also been stated in this letter that the effect of the decision taken in the year 2008 is being cancelled by this order, till any further order is issued.