Patna High Court
Dhrub Dubey vs The State Of Bihar And Ors. on 16 March, 1994
Equivalent citations: 1994(2)BLJR1321
JUDGMENT G.C. Bharuka, J.
1. This writ application has been filed by the petitioner for quashing the order dated 19-1-1993 (Annexure 3) passed by the Director, Primary Education (respondent No. 2) and the consequential order dated 4-3-1993 (Annexure 8) passed by the District Superintendent of Education by which the promotion granted to the petitioner in the grade of Headmaster has been cancelled.
2. The petitioner is an Assistant teacher serving in Madhya Vidayalaya, Madhopur (Siwan). According to the petitioner, apart from the promotions granted to him from time to time in higher grades under Memo No. 2435 dated 30th June, 1983 issued by District Superintendent of Education, he was made the Headmaster of the School in question. Similar order seems to have been passed in respect of two more persons.
3. Subsequently in C.W.J.C. No. 6973 of 1990, Sri Ram Naresh Thakur v. State of Bihar the aforesaid promotions including that of the petitioner were challenged before this Court on the ground that the present petitioner was junior to the writ petitioners in the said writ application. The said writ application was disposed of on 18-12-1990 with the direction that if the petitioner files representation for ventilation of the grievance then the respondent Director will dispose of the same within two months in accordance with law. It was in pursuance to this order of this Court that the impugned order Annexure 7 has been passed by the Director.
4. It has been held by the respondent Director in the impugned order (Annexure 7) that the present petitioner and two others who were granted promotion in the grade of Headmaster, were junior to the aforesaid writ petitioners in C.W.J.C. No. 6973 of 1990 and 52 persons senior to those writ petitioners are still awaiting for their promotion in the grade of Headmaster. This finding was recorded on the basis of the report received from the District Superintendent of Education. Accordingly, in order to undo the illegality he directed that the petitioner and the similarly situated two other persons should be removed from the post of Headmaster. The other Annexure '8' had been passed in consequence of this order.
5. In view of the finding recorded by the respondent Director, in my opinion, no relief can be granted to this petitioner in this writ application but since the entire process of finalisation of seniority list of the assistant teachers serving in taken over elementary schools has to be gone into and finalised for the purposes of considering the cases of promotion in different higher grades including that of Headmaster in accordance with the provisions of the Bihar Taken Over Elementary School Teachers Promotion Rules, 1993, as directed in C.W.J.C. No. 4352/1993 and analogous cases. Bali Ram Choudhary and Ors. v. State of Bihar and Ors. 1994(1) PLJR 588, disposed of by us today, the said process has to be completed by 30 June, 1994. In the statutory Rules provisions have been made for raising objections in the process of finalisation of seniority list as also for preferring appeal before the Divisional Commissioner in case any person is aggrieved by any order of promotion passed by the District Education Establishment Committee. In view of coming into force of the aforesaid Rules during the pendency of the writ application, we do not find it appropriate to interfere with the impugned orders which need investigation of facts.
6. Accordingly, we dispose of this writ application With a liberty to the petitioner to seek his remedy under the provisions of the Statutory Rules at appropriate stage, if so advised. Anyhow, there will be no order as to costs.
Gurusharan Sharma, J.
7. I agree.