STATE OF JHARKHAND Vs. RAM NARAYAN YADAV

JUDGEMENT

(1.) THIS appeal is directed against the order dated 4.10.2005 passed in W.P(S) No. 705 of 2004 by learned Single Judge whereby and whereunder the writ application was allowed and the impugned order as contained in Annexure -11 of the writ application was quashed. The learned Single Judge further directed that the respondent/writ petitioner is entitled to be regularized as Headmaster of the school w.e.f. 02.10.1987 and is also entitled to get the salary in the scale of regular Headmaster of the High School. The learned Single Judge has further directed that the respondent/writ petitioner is entitled to get the arrears of difference of pay till the date of his retirement including all consequential benefits. The learned Single Judge further directed that the arrears of difference of pay and other pensionary benefits calculated on the said scale must be paid within a period of three months from the date of receipt/production of a copy of the said order. It is also directed that if the said arrears and other admissible benefits are not paid within the said period, the respondent/writ petitioner shall be further entitled to get an additional compensatory interest @ 5% per annum which shall be payable over and above the statutory interest admissible.

(2.) IT appears that the respondent/writ petitioner Ram Narayan Yadav had filed the aforesaid writ petition praying therein the following relief:

(3.) THE appellants who are respondents in the writ application had contested the claim of respondent/writ petitioner by filing counter affidavit and supplementary counter affidavits. Their case in brief is that since the earlier writ application was dismissed for non prosecution, the present writ application is not maintainable after lapse of six years. It is also stated by the appellants that a Headmaster of a un -recognized school does not automatically become a government servant of a nationalized school on take over nor does he automatically become the Headmaster of the nationalized school. It is further submitted by the appellants that examination of, qualification and suitability, of a Headmaster is a precondition for appointment to government service or for Headmaster of the nationalized school. It is stated by the appellants that as per the government circular contained in memo No. 511 dated 20.11.1981 the founder Headmaster can only be recognized as a Headmaster of the school taken over by government if on the date of take over i.e. 2.10.1980 he possesses the qualification and other eligibility for holding the post of Headmaster. It is further stated that one of the eligibility for holding the post of Headmaster as per the aforesaid circular dated 20.11.1981 is minimum seven years teaching experience in a recognized school. It is further stated by the appellants that the respondent/writ petitioner have no such teaching experience on the date of take over i.e. 2.10.1980 and therefore he is not entitled to be recognized as Headmaster of the concerned school. It appears that keeping in view the aforesaid circular, the appellants rejected the representation of writ petitioner vide Annexure -11 of the writ application.