Chandra Mauli Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10818 of 2019 ====================================================== Chandra Mauli Kumar son of Raja Ram Singh Resident of villageBegumpur, P.S. Nalanda, District- Nalanda. At present posted as Higher Secondary Teacher i.e. (PGT) in History faculty of Plus 2 High School Lohan, P.S. Ariyari, District- Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary of Education Department, Govt. of Bihar, Patna.

2.

The Director Secondary Education Department Govt. of Bihar, Patna. 3.

The Regional Deputy Director of Education Department of Munger Range, Munger.

4.

The District Education Officer, Sheikpura.

5.

The District Programme Officer Establishment of Education Department of Sheikhpura District.

6.

Indu Kumari daughter of Phuldeo Prasad Resident of Village- Sindhuar Budhauli, P.S.- Pakribarawan, District- Nawada. At present posted as secondary teacher i.e. T.G.T in Science faculty of Plus 2 High School Lohan, P.S. Ariyari, District- Sheikhpura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Jha For the Respondent/s :

Mr.Madhaw Prasad Yadav (Gp23) : Mr. Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-05-2019 The petitioner, by way of the present writ petition, seeks the following reliefs :- "(i). For issuance of direction to the authorities concern to immediate provide the charge of In-charge Principal/ Headmaster +2 High School, Lohan, DistSheikhpura, to the petitioner from the respondent no. 6 after considering the fact that the appointment of petitioner has been made as Higher Secondary Teacher (PGT) and his grade pay is Rs. 2800 whereas the appointment of respondent no. 6 has been

Patna High Court CWJC No.10818 of 2019(2) dt.14-05-2019 2/3 made on the post of secondary teacher and his grade pay is Rs. 2400/-.

(ii) For issuance of the direction to the authorities concern to expeditiously declare the petitioner as senior most teacher in the concerned school considering the fact that the requisite educational qualification for the appointment of PGT teacher i.e. Higher Secondary Teacher is post graduate along with B.Ed and as such imparting education in 10+2 level students whereas the requisite qualification for the appointment on the post of TGT i.e. Secondary teacher is trained graduate and imparting education level is only secondary class.

(iii) For issuance of direction to the authorities concern to maintain parallel parameter for the appointment on the post of In-charge Principal/ Headmaster of the school in question in light of considering the previous letters issued by the education department on various occasion disclosing that the PGT teacher is senior to the TGT Teacher as well as in light of Bihar School Service Rule, Central School Service Rules and KVS Rules."

The learned counsel for the petitioner submits that the petitioner would be satisfied in case, he is permitted to file a representation regarding his grievances mentioned in the writ petition, before the respondent no. 3.

Accordingly, it is directed that the petitioner may file a representation before the respondent no. 3 within a period of four weeks from today and the respondent no. 3 shall dispose of the same by a reasoned and speaking order within a period of

Patna High Court CWJC No.10818 of 2019(2) dt.14-05-2019 3/3 eight weeks thereafter.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U