Patna High Court CWJC No.7594 of 2009 (4) dt.13-10-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7594 of 2009 ====================================================== Lakshmi Narayan Singh .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Md.Anisur Rahman For the Respondent/s : Mr. (Sc5) Mr. Devendra Kumar Mr. Surendra Kishore Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 4 13-10-2011 No one appears for the petitioner and on behalf of Respondent No.6. Counsel appearing for the State is present and filed counter affidavit on behalf of the State. Petitioner and Respondent no.6 both are posted as Assistant Teachers in Girls Middle School Sheohar. Prayer of the writ petitioner is for quashing of the order contained in memo no. 529 dated 5.6.2009 issued by the District Superintendent of Education, Sheohar, whereby a direction has been issued to the writ petitioner for handing over full charge of In-charge Headmaster of School to Respondent no.6. Petitioner’s grievance is that respondent no.6 being junior Patna High Court CWJC No.7594 of 2009 (4) dt.13-10-2011 to the petitioner; the Respondent no.3 should not have issued the impugned order directing him to hand over charge of In-charge Headmaster of the School, to Respondent no.6. Counter affidavit has been filed on behalf of the State Respondent and the respondent no.6. On perusal of the counter affidavits filed on behalf of respondents and the statement made in the writ application, it is apparent that the petitioner was appointed as an Assistant Teacher on 17.4.1977, initially in Government Middle School, Pachra. His service was regularized in the matric trained pay scale of Rs. 296-423/- on 1.4.1977. Subsequently when options were invited from Assistant Teachers for their optional transfer, petitioner, Ujjawal Prakash Tiwari and Ishwar Nath Jha opted for their transfer to Girl’s Middle School, Sheohar, where respondent No.6 Gopal Sah was already working. So far respondent no.6 is concerned, he was initially appointed as Matric trained teacher on 2.1.1974 in the same school i.e. Girl’s Middle School, Sheohar. The writ petitioner was appointed as I.Sc trained teacher in the year 1976 and the pay scale of I.Sc trained teacher was higher than the pay scale of matric trained teacher till fourth pay Commission was enforced. But difference in the pay scale of matric trained teacher as well as I.Sc trained teacher was removed, when in the Patna High Court CWJC No.7594 of 2009 (4) dt.13-10-2011 year 2006 5th Pay Commission was given effect. Pay Scale of Matric trained teacher and Intermediate trained teacher were merged, but their initial seniority was maintained. After enforcement of 6th pay Commission, petitioner and Respondent no.6, both were placed in Matric trained and Graduate trained Scale. A seniority-cum-gradation list was prepared, wherein petitioner was placed at serial no. 152, respondent no.6 was placed at serial No. 124 and Ujjawal Prakash was placed at sl. No. 63. Petitioner did never filed any objection against the seniority list and as such seniority list was approved by the District Magistrate, Sheohar and Regional Deputy Director of Education, Muzaffarpur. Considering the pleadings of the parties, it is apparent that in the seniority list Respondent no.6 is senior to the petitioner, otherwise also the respondent no.6 was working against the sanctioned strength of the teacher but so far the writ petitioner and Ujjawal Prakash are concerned they are working against non-sanctioned post of additional post. This was the reason that respondent No.6 was made In-charge of the school considering his seniority as well as working against sanctioned post. I do not find any illegality in the impugned order dated 5.6.2009 contained in memo no. 529 whereby, the District Patna High Court CWJC No.7594 of 2009 (4) dt.13-10-2011 Superintendent of Education, Sheohar, has directed the petitioner to hand over full charge of School to respondent no.6. This order has been passed on the basis of seniority of Respondent no.6 as well as his working against the sanctioned post in the school. For all these reasons, the writ application is dismissed. Arun Kumar/- (Mridula Mishra, J)