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2017 DIGILAW 52 (JHR)

Krishna Chandra Gope v. State Of Jharkhand

2017-01-09

SHREE CHANDRASHEKHAR

body2017
JUDGMENT Chandrashekhar, J. - The petitioner, who was appointed as assistant teacher in Project Girls'' High School, Kathmari, Singhbhum West on 13.11.1982, approached this Court in W.P.(S) No. 4345 of 2012 for a direction upon the respondents for regularization of his service on the post of headmaster. 2. At the outset, it needs to be noticed that the petitioner, 30 years after his appointment came before this Court, asserting that he was made in-charge headmaster of Project Girls'' High School and he continued on the said post for long 30 years therefore, he was entitled for his regularization on the post of headmaster. Order dated 4.1.2013, whereby W.P.(S) No. 4345 of 2012 was disposed of, does not indicate any adjudication on the merits of the matter. No positive direction was issued by this Court for regularization of his service on the post of headmaster. Admittedly, the petitioner was not qualified at the time of his appointment on 13.11.1982, when he had obtained only a Bachelor degree. He subsequently obtained B.Ed. degree in the year 1992 though, he continued to work as in-charge headmaster. 3. The learned counsel for the petitioner has relied on a decision in "Kamdeo Prasad Shahi v. The State of Jharkhand & Others" [(W.P.(S) No. 2700 of 2006] to contend that the petitioner is identically situated to the said Kamdeo Prasad Shahi and he is also entitled for similar benefits. 4. A perusal of the decision in Kamdeo Prasad Shahi''s case would disclose that Kamdeo Prasad Shahi was initially appointed in Raghunath Shahi Project High School, Govindpur on 18.01.1978 as teacher and he was appointed on the post of ''headmaster'' in the said school on 19.07.1978. He came before this Court in the year 1991 in C.W.J.C. No. 7638 of 1991 and again came to this Court alleging non-compliance of the order passed by the Writ Court in M.J.C. No. 330 of 1993. It appears that Bihar Nationalized School(Service Conditions) Rules, 1983 was adopted by the State of Bihar in respect of Project Schools Teachers vide Notification dated 01.06.1999. In the light of 1983 Rules, there was a recommendation by the District Education Officer, Deoghar vide letter dated 24.01.2002, however, when no final order was passed, he again approached this Court in W.P.(S) No. 4097 of 2004. In the light of 1983 Rules, there was a recommendation by the District Education Officer, Deoghar vide letter dated 24.01.2002, however, when no final order was passed, he again approached this Court in W.P.(S) No. 4097 of 2004. Without adverting further to the facts of that case, I am of the opinion that the present case is factually different from that case. The petitioner, 30 years after his appointment as teacher in the Project School, came to this Court seeking a direction for regularization of his service on the post of "headmaster". Admittedly, there is no statutory post of in-charge headmaster. The petitioner who was never appointed/promoted as ''headmaster'' cannot seek a direction for his regularization on the post of ''headmaster'', on the basis of his continuance as in-charge headmaster. 5. Considering the aforesaid facts, I find no merit in this writ petition. Accordingly, it is dismissed.