RAKHAL PRUSTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Subodh Kr. Pandey, learned counsel for the petitioner and learned A.C. to A.A.G. for the State.

(2.) This writ petition is preferred by the petitioner for direction upon the respondents to regularize the petitioner on the post of Headmaster after completing the 7 years of service as an Incharge Headmaster of Project High School, Kiriburu i.e. from 1.12.1990.

(3.) Learned counsel for the petitioner submits that the petitioner continuously worked over the post of Incharge Headmaster of Project High School, Kiriburu and the District Education Officer, Chaibasa vide its memo dated 1.12.90 has authorized the petitioner to work as the Incharge Headmaster. The said school was taken over by the Govt. through notification dated 8.5.79/00, 25.3.82 , 8.5.79 and 15.3.82. But as per the circular of the Government it is specifically clear that the District Education Officer has authorized the petitioner to work as the Inhcarge Headmaster from 13th April 1983 but the respondent has not paid anything for the post he was worked. The petitioner is working there as the Incharge Headmaster and now completed more than 25 years. It appears that the petitioner has already retired on 31.12.2010. he further submits that similarly situated persons earlier also get relief from this High Court and he referred the case of Saryu Prasad Roy vs. State in C.W.J.C. No. 11805 of 1993 (R) which was disposed of vide order dated 15th March 2008 in which it was directed that the petitioner be treated/regularized as a headmaster with effect from the aforesaid date and be given the salary in the pay scale of Headmaster as admissible on that date. Relying on this case, he further submits that the case of the petitioner is covered with the case of Saryu Prasad Roy, the petitioner has already retired on 31.12.2010 and the case is required to be considered by the concerned department.