GUNADHAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ application has been preferred by the petitioner for the following reliefs;

(2.) Briefly stated, the Petitioner was appointed as Assistant Teacher in the year 1966 in the Respondent No.3 School i.e. Shyama Prasad High School, Khas Mahal, Tatanagar. The Petitioner thereafter qualified B.Ed. Examination in 1974 and M.A. Examination in 1978. Pursuant thereto; the pay of the Petitioner was revised, and pay was fixed in the year 1982. In view of the vacancy on the post of Headmaster, the Managing Committee of the school vide resolution dtd. 25/1/1998 appointed the Petitioner vide letter dtd. 27/1/1998 as Head Master of the said school in terms of seniority. After taking charge of the post of Head Master, the Petitioner continued to discharge the duty on the said post of Head Master. During his continuation as a Head Master, the Managing Committee of the aforesaid school after considering the service tenure and the past record of the Petitioner and being fully satisfied with the work so discharged by the Petitioner, vide letter dtd. 12/5/2003 recommended the case of the Petitioner to Respondent No. 2, District Education Officer, East Singhbhum, Jamshedpur for further recommendation. On being satisfied, the District Education Officer duly recommended his name and vide Letter No. 980 dtd. 10/7/2003 forwarded his case for approval of Director, Secondary Education and Literacy Department (earlier known as Higher Secondary Education, Human Resource Development), Ranchi.

(3.) It is worth mentioning that during the first round of litigation, the only objection/reasoning given by the Respondent Authorities for not approving the case of the Petitioner on the post of the Head Master was that an objection was raised by the Respondent No. 1 during the pendency of the said Writ Petition vide its Letter dtd. 2/4/2011.