Patna High Court
Chandreshwar Prasad Singh vs The State Of Bihar And Ors. on 30 October, 2002
Equivalent citations: 2003(51)BLJR43
Author: Chandramauli Kr. Prasad
Bench: Chandramauli Kr. Prasad
JUDGMENT Chandramauli Kr. Prasad, J.
1. The writ application as also the contempt application were heard together and are being disposed of by this common order.
2. This application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to regularise the service of the petitioner as Headmaster of Government School for Deaf and Dumb at Darbhanga.
3. Short facts giving rise to the present application are that by order dated 31-12-1996, petitioner the incharge Headmaster of Government Deaf and Dumb School, Ranchi, was transferred to the Government Deaf and Dumb School, Darbhanga and in the light of the said order, by order dated 21-3-1997 (Annexure-6), he was relieved from the previous post to enable him to join at the transferred place. Petitioner, in pursuance of the said order, joined as incharge Headmaster of the Deaf and Dumb School at Darbhanga. It is the grievance of the petitioner that although he is working as incharge Headmaster of the school since long, but the respondents are not filling the said post on regular basis.
4. The writ application came up for consideration before this Court earlier; it was pointed out that by order dated 7-7-1992 passed in C.W.J.C. No, 1664 of 1991 (Shobhakant Jha v. State of Bihar and Ors.), this Court directed the Director, Department of Social Welfare, Government of Bihar to taken steps for filling up the post of Headmaster in the Deaf and Dumb School within a period of six months but the said order has not been complied with even after a decade, notice was issued to Respondent No. 2 to show cause as to why a contempt proceeding be not initiated against him.
5. Respondent No. 2 filed counter affidavit on 22-8-2002 and in that, it has been stated as follows:
"Not only the petitioner but three other Assistant Teachers are also working as acting Headmaster or Headmaster incharge in other Deaf and Dumb Schools but appointment of Headmaster on regular basis was not made earlier as the gradation list was in the process of being finalised. It has been further stated that vide memo dated 22-2-2001, final gradation list has been published and the proposal for roaster clearance has been sent to the competent authority and as soon as the roaster clearance is obtained, promotion would be given on regular basis to the post of Headmaster."
6. Thereafter, the matter came up for consideration before this Court on 2-9-2002 and on consideration of the counter affidavit, this Court directed for drawing up the contempt proceeding against Respondent No. 2, i.e. the Director, Social Welfare Department, Government of Bihar. In the light of the said order, the contempt proceeding, i.e. M.J.C. No. 1959 of 2002 has been registered against him.
7. Respondent No. 2 then filed a show cause on 23-9-2002 and in that, he has placed on record the order dated 7th of September, 2002 by which the petitioner has been promoted as Assistant Headmaster with effect from 2-2-1985 and further by order of the same date as Headmaster, with effect from 2-2-1988. In view of the aforesaid order, the stand of Respondent No. 2 is that the relief sought for by the petitioner has already been granted and the order having been complied with, the contempt proceeding is fit to be dropped.
8. So far as the present incumbent of the post of Director is concerned, he has joined the post on 22-10-2001 and as he has complied the order passed by this Court as back as on 7-2-1992, I am not inclined to proceed against him any further. He has given the list of officers who had worked as Director since 1992 but the period for which those officers were posted in the department, had not been given in respect of many of the officers At one stage I was contemplating to initiate proceeding for contempt against all those officers who were posted as Director from the date the order of this Court was passed till the joining of the present incumbent, but I am not inclined to resort to the said option as I am sure that in case this fact is brought to the notice of the State Government, it shall take action against the erring officer.
9. The matter concerns the posting of the Headmaster in Deaf and Dumb Schools. It is more than a decade ago, this Court directed the Director of Social Welfare Department to take steps for filling up the post of Headmasters as soon as possible within a period of six months. The order was not complied with within the time fixed by this Court and in fact, this Court had to chase Respondent No. 2 for compliance of its earlier order when it was brought to the notice of this Court that the petitioner is continuing as incharge Headmaster for a long time. In a meeting convened by the Economic and Social Commission for Asian and Pacific Region held at Beijing on Ist and 5th of December, 1992, the proclamation of full participation and equality of people with disabilities in Asia and Pacific Region was adopted. India is a signatory to the said proclamation in which "the Asian and Pacific decade of the Disabled persons 1993-2002" was launched. In the decade of the disabled persons, the Government of Bihar took one decade to fill up the post of Headmaster of the Government Deaf and Dumb School. Any welfare Government cannot ignore the command of proclamation. They should understand that the Welfare of the disabled lies in appointment of a regular Headmaster of Deaf and Dumb Schools.
10. In a period of about a decade, many officers were posted as Director of Social Welfare Department and the present incumbent having recently joined and complied with the order, it would be travesty of justice to punish him for non-compliance of the order passed a decade ago. However, the State Government having the capacity and will to govern shall not definitely ignore the same.
11. I do not want to say anything more as the grievance of the petitioner has already been remedied and I am not inclined to proceed against Respondent No. 2. However, it will be in the fitness of thins that the present Director places the entire record and the order of this Court before the Hon'ble the Chief Minister who, I am sure, shall taken appropriate action as deemed necessary in the facts of the present case expeditiously so that the persons in administration may realise that he omission to look-after the disabled may result into action against them also.
12. Writ application as also the contempt application stand disposed of with the aforesaid observation.