B P JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a special appeal against the order of the learned Single Judge dated October 8, 1974 whereby the writ petition filed by Shri Mohan Lal Majoo (S. B. Civil Writ Petition No. 163/1969) against the state of Rajasthan & others was allowed.

(2.) SHRI Mnjoo filed a writ petition on February 10, 1959 alleging therein that he was appointed as Resident Assistant Master in the Sadul Public School at Bikaner on November 1, 1949, in the pay scale of Rs. 165-300. The pay scale was, later on, revised to Rs. 200 10 350. He was then ptomoted as Headmaster on officiating basis of a High School on August 27, 1955 and was then substantively appointed as such on October 31, 1956. By order dated January 8, 1960 he was confirmed as Head Master of Highor Secondary School with effect from August 12, 1967 On September 22, 1958 the Director of Education published a list of Head Masters selected for Multipurpose Higher Secondary Schools in order of seniority, and SHRI Mujoo was shown at No 46. A list of selected Head Masters of the High and Basic S. T. G. Schools and Deputy Inspectors of Schools in order of seniority was also published simultaneously by the same order of September 22, 1958.

(3.) THE application for amendment of the writ petition has been opposed by the learned counsel for the appellants on the ground that there are no just and sufficient reasons for allowing the amendment. It was also contended that the provisions of O. 6, R. 17, C. P. C did not apply to the amendment of the writ petition, wherein the extraordinary jurisdiction of the Court is invoked.