IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.4581 of 2004
Hari Kishore Chaudhary ... ... Petitioner
Versus
State of Jharkhand & Ors. ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioner : Mr. R.S. Majumdar, Advocate
For the State : Mr. H.K. Singh, S.C.-I.
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03/15.10.2008
. Heard the parties.
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.
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.
As against this, learned counsel appearing for the petitioner
submits that the inquiry is to be made with respect to the appointment
made on the post of Head Master subsequent to 10.07.1969, but the
petitioner was working on the post of ‘Head Master’ w.e.f. 18.02.1963 for
which the petitioner was having requisite qualification, which fact has
never been denied by the State in his counter affidavit and as such the
petitioner is entitled to Scale of Head Master.
Admittedly the petitioner was having requisite qualification
for promotion to the post of Head Master, on the date, when he was
appointed on that post, but the Scale of ‘Head Master’ was never paid to
the petitioner, though there has been no dispute that the petitioner was
not having requisite qualification of being promoted to the post of ‘Head
Master’ nor there has been any reason whatsoever for denying the claim
of the petitioner.
In that view of the matter, this writ petition is disposed of
with a direction to the petitioner to file representation along with a copy
of this order before the respondent No.3-District Superintendent of
Education, Deoghar with respect to grant of Scale of the Head Master
w.e.f. 18.02.1963 and also taking measures for all the consequential
benefits such as fixation of Pension, Gratuity etc. on the said Scale and
the respondent No.3-District Superintendent of Education, Deoghar, on
receiving the said representation, would take decision in the matter
positively, within one month from the date of receipt of representation.
Ravi/ (R.R. Prasad, J.)