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2010 DIGILAW 39 (JHR)

Laxmi Raut v. State of Jharkhand

2010-01-07

D.G.R.PATNAIK

body2010
JUDGMENT : Since the issues involved in both the writ applications are the same, they have been heard together and are being disposed of by this common order. Heard counsel for the parties. 2. Petitioners in both the writ applications were initially appointed as Assistant Teachers in the schools which earlier being private schools, used to be managed by the Managing Committee of the Schools. According to the case of the petitioners, they being the senior most teachers, were entrusted with the duties of office of Headmaster and they have been discharging the duties as in-charge, Headmasters of their respective schools. The Bihar Non-Government Secondary Schools (Taking over of Management and Control) Act, 1981 came into force where-after, all the private schools were taken over by the Government of Bihar. Under the provisions of the Act, the teachers who were employed in the taken over schools, were accepted and recognized as Government teachers. However, the provisions of the Act did not provide for automatic absorption of the teachers on the post of Headmasters. A stipulation was incorporated in the Act under which where the Headmaster of any such school had completed more than seven years of service, he becomes eligible for consideration for regularization with effect from the date he complete seven years of service reckoned from the date on which the institution was taken over by the State Government. 3. Contention of the petitioners in both the writ applications is that much prior to the date of taking over of the schools, they have been discharging the functions as in-charge Headmasters of their respective schools even till date and they have completed more than seven years of service long prior to the date of filing of these writ applications and do possess requisite qualifications including academic qualification for their appointment/ regularization on the post of Headmasters. Being convinced that they have acquired eligibility, the petitioners had submitted their respective representations before the authorities concerned, praying for their regularization on the post of Headmasters in the schools and to pay them the salary on the qualifying scale of the post of Headmaster, but their prayers have not been considered. 4. In the counter-affidavit filed on behalf of the respondent State, claim of the petitioners has been denied and disputed. 4. In the counter-affidavit filed on behalf of the respondent State, claim of the petitioners has been denied and disputed. The basic stand taken by the respondents is that on the date of taking over of the schools by the Government, none of the present writ petitioners were acknowledged or accepted as Headmasters of their respective schools. Rather, they have been accepted as Assistant Teachers only and as such, the petitioners do not qualify for being considered for the post of Headmasters. 5. Upon reading the counter-affidavits, it appears that notwithstanding the above stand taken by the respondents, it has not been specifically denied that the erstwhile Managing Committee of the schools had appointed the individual petitioners as in-charge Headmasters of the schools and neither has the claim of the petitioners been denied that the they happen to be the senior most teachers of their respective schools and have been discharging functions as in-charge Headmasters of the schools. If such is an admitted fact, then it would also indicate that the posts on which the petitioners are employed, continue to remain unfilled. Respondents have not offered any reason as to why no initiative has been taken to fill up the vacant posts of Headmasters instead of continuing to allow the Assistant Teachers to function as in-charge Headmasters of the schools. 6. In the light of the above discussions, these writ applications are disposed of with a direction to the concerned authorities of the respondents to consider the individual cases of the petitioners and after assessing the facts stated by the petitioners that they possess the requisite academic qualifications and they being the senior most teachers, have been functioning as the in-charge Headmasters of their respective schools and have completed more than seven years of service from the date of their respective appointment as in- charge Headmasters of the schools and thus become eligible for consideration of their appointment / regularization to the post of Headmasters of the schools, take an appropriate decision on their prayer for appointment / regularization on the post of Headmasters in accordance with the provisions contained in the Act and analogous provisions of law as applicable. This action must be initiated and concluded by the concerned authorities of the respondents and the decision taken thereon shall be effectively communicated to the petitioners individually, within six months from the date of receipt / production of a copy of this order. Let a copy of this order be given to the counsel for the respondent State.