BISHWANATH OJHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner had originally challenged the order dated 21.2.2003 issued by the Regional Deputy Director, North Chhotanagpur Division, Hazaribagh (respondent NO.3), whereby the petitioner was directed to handover the charge of the office of the Headmaster to the respondent no. 5. A further prayer has been made for issuance of a writ of mandamus directing the respondents to correct the existing seniority list under which the petitioner has been shown as junior to the respondent no. 5. However, prayer is now confined only to the correctness of the existing seniority list since admittedly, the petitioner had handed over charge of the office of the Headmaster to the respondent no. 5 on 24.2.2003, in compliance with the direction contained in the impugned order dated 21.2.2003 of the respondent no. 3.

(2.) THE case of the petitioner IS that on his appointment to the post of teacher he joined his duty in R.S.K.B.C. High School, Nirsa, Dhanbad and was granted B.A. trained scale and from the date of his appointment, he has been continuously working in the North Chhotanagpur Division.

(3.) THOUGH , notice was served on the respondent no. 5, but she has not appeared, nor filed any counter -affidavit. However, the District Education Officer (respondent no. 4) has filed his counter -affidavit. Disputing the claim of the petitioner, the stand taken by the respondent no. 4 is that since respondent no. 5 was transferred from the Patna Division in 1981 therefore the service condition as stipulated in' Bihar Nationalized High School Service Condition and Regulation, 1983 will not be applicable to her since the service condition of 1983 cannot have retrospective effect.