KAMDEO PRASAD SHAHI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner in this writ application has prayed for an order for quashing the Memo No. 200/Ranchi dated 04.02.2005 (Annexure-1) issued by the Respondent No. 2, by which petitioner's claim for treating him as permanent Headmaster of Raghunath Shahi Project High School, Govindpur in the district of Deoghar, has been rejected. A further prayer has been made for issuance of an appropriate direction to the Respondents to treat the petitioner as regular Headmaster of the School from the date of taking over of the School by the State Government under the Project Scheme and further to pay all consequential benefits meant for the post of Headmaster accordingly.

(2.) The facts of the case in brief are as follows:

(3.) Sri Bijay Kumar Pandey, learned Counsel for the petitioner would explain that even on the basis of the undisputed facts, the petitioner who was initially appointed by the Managing Committee of the School as a Headmaster of the School in 1978, had continued to function as the in-charge Headmaster of the School even after taking over of the School by the State Government. Relying upon the judgement of the Supreme Court in the case of A.K. Pradhan v. State of Bihar and Ors.,1998 (1) PLJR(SC) 2, learned Counsel argues that even after taking over of the School by the State Government on 01.01.1982, the petitioner had continued to work as In-charge Headmaster of the School and as the senior most teacher of the school had gained more than seven years of teaching experience besides possessing a B.Ed degree. The petitioner was, therefore, entitled to be considered for appointment as the Headmaster of the School.