HARI KISHORE CHAUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) LEARNED counsel appearing for the petitioner submits that the petitioner was initially appointed as 'assistant Teacher' on 25. 08. 1958 in the Primary School at Guladdih within the district of Deoghar. Subsequently, when the petitioner acquired requisite qualification, he was promoted to the post of 'head Master' vide order as contained in Memo no. 1149 dated 18. 02. 1963 and was posted in the Middle School at bansbutiya, but the petitioner was never given scale of Head Master in spite of several representations being made by the petitioner in this regard and ultimately the petitioner retired on 31. 07. 1996 on his superannuation, therefore, there was no option left with the petitioner, but to file this writ petition, for a direction to the respondents concerned to give Scale of the post of 'head Master' to the petitioner w. e. f. 18. 02. 1963 and also all the consequential benefits such as fixation of pension, Gratuity etc. over the said Scale.

(3.) HOWEVER, learned counsel appearing for the State submits that though under a circular dated 10. 07. 1969, inquiry is to be made as to whether a person, who has been appointed on the post of 'head Master', does have requisite qualification or not and perhaps as the inquiry could not be made in this respect, the petitioner may not have been given Scale of Head Master.