TALESHWAR PRASAD MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER is an Assistant Teacher in the substantive rank and was posted, as such in the Government Boys High School, Hazaribag on 19th of August, 1983. The Principal of the School Jai Govind retired in the year 1999. In absence of the appointment of any regular Principal, petitioner being the senior most Teacher of the School was made in -charge Principal, vide memo No. 626 dated 09th of June, 1999 and he took over the charge on the following date i.e. on 10th of June, 1999 and since then he continued to discharge the duties of the Principal. He was also conferred the power of Drawing and Disbursing Officer by the Government of Bihar, Patna vide Memo No. 215 dated 30th of March, 2000. While the petitioner was acting as In -charge Principal of the School, the State Government issued Notification No. 1620 dated 18th of June, 2005, whereby several officers of the Human Resources Development Department are transferred. Respondent No. 4, who is an Officer of the Jharkhand Education Service Class II and posted as District Superintendent of Education, Deoghar has also been transferred and posted as Principal, Government Boys High School, Hazaribagh in place of the petitioner vide the aforesaid notification dated 18th of June, 2005. His name figures at Serial No. 31 of the aforesaid Notification. Petitioner is aggrieved of the transfer and posting of the Respondent No. 4 to the post of the Principal in place of the petitioner. According to the petitioner, Respondent No. 4 is a member of the Jharkhand Education Service Class II and is functioning as District Superintendent of Education, Hazaribagh. He cannot be posted and transferred to the post of Principal under the Rules, It is further case of the petitioner that the post of Principal, which also belongs to Jharkhand Education Service Class II can only be filled up in accordance with the Jharkhand/Bihar Education Service (Class I) and Jharkhand/Bihar Education Service (Class II), Recruitment Rules, 1973, whereunder the posts of Principal is required to be filled up, 80 per cent by promotion of Officers of Upper Division of the Subordinate Education Service (Teaching Branch) in accordance with Rule 4 Part III and rest 20 per cent is to be filled up by open advertisement in accordance with Rule 3 Part V. It is, accordingly, contended that Respondent No. 4 is not eligible to be posted to the post of Principal, as he does not fall in any of the categories provided under the Rules.

(2.) THE State has resisted the claim of the petitioner. It is stated that the post of Principal falls in Class II of Jharkhand Education Service and petitioner, being member of the Subordinate Education Service has no right to hold the post of Principal though he was allowed to function as In -charge Principal in absence of a regular incumbent to occupy the post. According to the Official Respondent, Respondent No. 4 being the member of Jharkhand Education Service Class II, which is equivalent in status and scale of the Principal can be posted against the posts of Principal. In regard to the contention of the petitioner that he is in the feeding channel of Principal and being the senior most Assistant Teacher in the Subordinate service which constitute the feeding channel, it is stated that as and when promotions will be made to the posts of Principal from the promotional quota, petitioner shall be accorded consideration in accordance with the Rules.

(3.) RULE 4 of the aforesaid Rules is relevant for purposes of present controversy. Relevant extracts from this Rule are quoted herein below: