SUSHILA TOPPO Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the parties. Petitioner is seeking regularization on the post of Headmistress in Project Girls High School, Kuru, Lohardaga. According to her, since her appointment in 1981 pursuant to decision of Managing Committee of Girls High School, Kuru in its meeting held on 28th December, 1981, she continued for 7 years and more as Incharge Headmistress. She therefore has sought regularization of her service as Headmistress relying upon the ratio rendered by Apex Court in the case of A.K. Pradhan vs. State of Bihar & Ors. reported in : 1998 (2) PLJR S.C. 211 in Civil Appeal No. 4032 of 1988. Petitioner contends that two other persons, namely, Ayesha Kumar and Julyani Balra who were appointed in Project Girls High School, Ormanjhi and Opa (Sos) in the district of Ranchi had come before this Court in writ petitions being W.P.(S) No. 547 of 2009 and W.P.(S) No. 1517 of 2013 seeking regularization based upon the ratio of A.K. Pradhan case. It is submitted that Vidayalaya Seva Board had confirmed the appointment of petitioner and the aforesaid two teachers by an order dated 20th January, 1992 in the respective schools. By referring to the judgments dated 26th October, 2010 and 5th August, 2015 passed in the case of Ayesha Kumar and Julyani Balra, it is submitted that petitioner's case should also be considered for the purposes of regularization on the strength of her claim that she had continued as Headmistress for 7 years from the date of taking over of the school by respondent government.

(2.) PETITIONER has relied upon the decision of the Managing Committee at Annexure -1 dated 28th December, 1981, the office order of District Education Officer dated 10th February, 1984 approving the appointment of the petitioner in the said school as also Annexure -2 the service book of the petitioner.