Binod Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3998 of 2020 ====================================================== Binod Kumar Choudhary Son of Sri Bachoo Ram Resident of VillageDaniyar, Koriyauna, Police Station- Govindpur, District- Nawada, At present posted and working as a Zila Parishad Madhyamik (Secondary) Teacher in Inter School Akbarpur, Anchal- Akbarpur, District- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Additional Chief Secretary -cum- the Principal Secretary Education Department, Govt. of Bihar, Patna.

3.

The Director Secondary Education Bihar, Patna. 4.

The Regional Deputy Director of Education Magadh Division, Gaya. 5.

The District Education Officer Nawada.

6.

The District Programme Officer (Establishment) Nawada. 7.

Shri Pramod Kumar Ghosh Son of Avinash Ghosh Zila Parishad Senior Secondary Teacher inInter School Akbarpur, Anchal- Akbarpur, DistrictNawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Smt. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-02-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the respondents. Petitioner has filed the present writ application for quashing of the order dated 24.8.2019 whereby the petitioner was asked to hand over the charge to one Pramod Kumar Ghosh respondent no.7 as (In-charge Headmaster).

There is no post of incharge Headmaster and it is only an interim arrangement. Ordinarily, a senior most teacher is

Patna High Court CWJC No.3998 of 2020(2) dt.26-02-2020 2/2 assigned the responsibility to discharge the duty of incharge headmaster.

In the present case, there is no determination of inter se seniority of the petitioner and other teachers and as such no indulgence is granted in the matter.

In order to resolve the dispute, the writ application is disposed of with a direction to the District Programme Officer (Establishment), Nawada to determine the inter se seniority of the petitioner and Pramod Kumar Ghosh by providing opportunity to all concerned and after deciding the inter se seniority he shall assign the responsibility of incharge headmaster of the school in question.

Entire exercise in this regard must be taken by the District Programme Officer (Establishment), Nawada within a maximum period of three months from the date of receipt/production of a copy of this order (Anil Kumar Upadhyay, J) Ravi/- U