Bharat Prasad Jha Vs. State of Bihar (Now Jharkhand) and ors. - Court Judgment

Excerpt:
- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant.ordervikramaditya prasad, j.1. the learned j.c. to s.c.-iii appears and submits that he has already served a copy of the counter affidavit upon the learned counsel for the petitioner and he is ready to argue the case.2. heard both sides.3. the petitioner has filed this writ for a direction upon the respondents to grant him the scale of headmaster with effect from 23.9.1984 since the date he has passed sahitya alankar (b.a.) and senior selection grade since 1991 with bank interest and also for payment of arrears of b.a. trained scale to him, which is due from 23.9.1984 to 19.5.1996. it is relevant to state that when the matter was take up, the learned counsel for the petitioner fairly conceded and stated that so far claim of arrears of b.a. trained is concerned this relief has been wrongly mentioned, therefore, this relief is not being considered.4. the case of the petitioner is that he was appointed as assistant teacher in middle school vide memo no. 4688 dated 10.9.1966 and accordingly he joined on 24.9.1966. at that time he was possessing the qualification of i.a. trained. subsequently he was transferred to various other middle schools. then vide annexure-2 he was promoted to the post of head master in the same scale on which he was working w.e.f. the date of his joining on that post. thus the petitioner got the scale of i.a. trained but he joined the post of head master. thereafter he was again transferred to other school in the same capacity, on the same term. his two increments werestopped thereafter because he had not passed noting and drafting which is must for the post of head master and then he passed those noting and drafting examination and got two increments which was stopped from april, 1977 to march, 1979. the petitioner passed sahitya alankar which is equivalent to b.a. with english. thereafter the petitioner filed his representation before the district superintendent of dumka for grant of b.a. trained scale and for treating him as a permanent head master. the bills submitted by the petitioner to the treasury, as per direction of the accounts officer, were signed by the petitioner in the capacity of the headmaster. one nand kishore singh, who was also headmaster in middle school, deoghar, and was junior to the petitioner was granted b.a. trained scale, although he had passed sahitya alankar along with the petitioner from the same place and on the same date, but this scale was denied to the petitioner. hence the petitioner feels discriminated. the petitioner had filed representation for redressal of his grievance to the commissioner and deputy commissioner, santhal pragana, claiming b.a. trained scale and also the status of the permanent headmaster. the petitioner was granted b.a. trained with effect from 16.3.1996 and was directed to join in middle school dhobna, in the district of dumka, but in that letter the designation of the petitioner was not mentioned, therefore, the petitioner had to make a fresh representation for modification of the said letter, then another letter annexure-5/b was issued whereby he was given b.a. trained scale and treatment of permanent headmaster. thereafter the petitioner joined the middle school, dhobna jamtara and was continuously working as headmaster with drawing and disbursing power b.a. trained scale (1640 to 2900) but he was not given the scale of headmaster (2000 to 3500). the petitioner claims that scale with effect from the date of passing of b.a. examination i.e. sahitya alankar, though in the year 1987 vide annexure-7, the petitioner was demoted to the post of assistant teacher mainly on the ground that as per the promotional rules 1993, thequalification is post graduate. it was also a ground that the petitioner had not completed the period prescribed for promotion from grade 4 to grade 7 nor he had acquired post graduate degree. being aggrieved by that, the petitioner moved the patna high court in c.w.j.c. no. 11605 of 1997 (annexure-8) and that was disposed of with the following direction.'i, therefore, set aside the impugned order but with a liberty to the respondents to record a fresh order after a regular enquiry and opportunity to the petitioner. but before parting with this order, i must observe since the petitioner has served the post of headmaster for a period of 20 years, the authorities concerned are required to keep in mind, the hardship to the petitioner and his family members, before taking any such decision.'consequent to that order of the patna high court, the petitioner was again posted as headmaster in the old scale (annexure-9). annexure-9 shows that in the light of the direction given in the aforesaid writ, the petitioner was posted as headmaster in the middle school, korapara (mihizam) and with regard to other claims, the decisions were to be taken after enquiry. here i find that the order of the patna high court was to enquire into the matter and then to dispose of the prayer of the petitioner and it was merely an observation that at the time of passing of the order, the respondents have to keep in their mind the fact that the petitioner has already served as headmaster for 20 years but it is found from perusal of the annexure-9 that without making any enquiry the petitioner was posted as headmaster subject to some finding in enquiry. there was no such direction of the court to post the petitioner as headmaster without any enquiry but this was done. thereafter the petitioner was not paid b.a. trained scale with effect from 23.9.1984 to 19.5.1996 despite the order of the patna high court which led to certain representations made by the petitioner. it is a specific case of the petitioner that nand kishore singh was granted b.a. trainedscale with effect from 23.9.1984 since the date of passing of sahitya alankar, although he had passed sahitya alankar alongwith the petitioner from the same place on the same date. the further case of the petitioner is that two other persons, namely, ram narayan singh and abinash prasad singh, who were juniors to the petitioner and their position is much below than the petitioner in the gradation list, were granted i.a. trained scale after the petitioner are also working as headmaster and are getting scale of headmaster. then one naresh kumar who was also working as an assistant teacher under the headmaster ship of the petitioner, is working and getting the b.a. trained scale.5. the state appeared and filed counter affidavit. with regard to the case of discrimination against the petitioner, the case of the respondents is that the matter relates to newly created deoghar district and nand kishore singh had been given scale of b.a. trained scale by the district superintendent of education, deoghar while the petitioner is at dumka. with regard to other three persons, namely, ram narayan singh, awinash prasad sigh and naresh kumar it has been stated in paragraph 29 that the matter is being examined.6. the case of the petitioner has been mainly contested by the respondents on the basis of annexure-b which prescribes the qualification of the post headmaster. admittedly this notification prescribing the qualification of headmaster came into force in the year 1993. this means prior to 1993, this qualification was not required, since the petitioner was promoted in the year 1972. when there was no requirement of post graduate degree as eligibility for the post of headmaster then in that circumstance this privilege which vested in the petitioner on the ground of qualification as required at this time could not have been withdrawn. this was also the spirit of the order of the patna high court. secondly if circular annexure-b is applicable to the whole of the state then it can be no answer of the respondents that in the case of nand kishore singh, who is posted at deogharis not comparable, though the respondents have not categorically stated that nand kishore singh has rightly got that post and the scale. but indirectly they stated that since nand kishore singh is posted in deoghar and the petitioner is posted in the district dumka, therefore, they have not been in a position to say that what happened at deoghar. so far other three persons are concerned, it appears that though this counter affidavit has been filed in the year 2002, but till date these persons have not been demoted to the post of the assistant teacher rather a regular enquiry is being made. therefore, when other persons who are admittedly juniors to the petitioner has been allowed to continue on that post then there was no justification on the part of the respondents not to allow petitioner to continue on that post, in utter discrimination with his juniors.7. in the aforesaid circumstances, it is a fit case of discrimination which requires intervention by the court. consequently, the respondents are directed to grant the scale of headmaster to the petitioner as has been granted to nand kishore singh and other juniors to the petitioner with effect from the date on which the said nand kishore singh has been granted that scale of headmaster. this exercise must be completed within a period of three months from the date of receipt/production of a copy of this order.8. this writ is allowed at the stage ofadmission itself.

Judgment:
ORDER

Vikramaditya Prasad, J.

1. The learned J.C. to S.C.-III appears and submits that he has already served a copy of the counter affidavit upon the learned counsel for the petitioner and he is ready to argue the case.

2. Heard both sides.

3. The petitioner has filed this writ for a direction upon the respondents to grant him the scale of headmaster with effect from 23.9.1984 since the date he has passed Sahitya Alankar (B.A.) and senior selection grade since 1991 with bank interest and also for payment of arrears of B.A. trained scale to him, which is due from 23.9.1984 to 19.5.1996. It is relevant to state that when the matter was take up, the learned counsel for the petitioner fairly conceded and stated that so far claim of arrears of B.A. trained is concerned this relief has been wrongly mentioned, therefore, this relief is not being considered.

4. The case of the petitioner is that he was appointed as Assistant Teacher in Middle School vide Memo No. 4688 dated 10.9.1966 and accordingly he joined on 24.9.1966. At that time he was possessing the qualification of I.A. trained. Subsequently he was transferred to various other middle schools. Then vide Annexure-2 he was promoted to the post of Head Master in the same scale on which he was working w.e.f. the date of his joining on that post. Thus the petitioner got the scale of I.A. trained but he joined the post of Head Master. Thereafter he was again transferred to other school in the same capacity, on the same term. His two increments werestopped thereafter because he had not passed noting and drafting which is must for the post of Head Master and then he passed those noting and drafting examination and got two increments which was stopped from April, 1977 to March, 1979. The petitioner passed Sahitya Alankar which is equivalent to B.A. with English. Thereafter the petitioner filed his representation before the District Superintendent of Dumka for grant of B.A. trained scale and for treating him as a permanent Head Master. The bills submitted by the petitioner to the treasury, as per direction of the Accounts Officer, were signed by the petitioner In the capacity of the headmaster. One Nand Kishore Singh, who was also headmaster in Middle School, Deoghar, and was junior to the petitioner was granted B.A. trained scale, although he had passed Sahitya Alankar along with the petitioner from the same place and on the same date, but this scale was denied to the petitioner. Hence the petitioner feels discriminated. The petitioner had filed representation for redressal of his grievance to the Commissioner and Deputy Commissioner, Santhal Pragana, claiming B.A. trained scale and also the status of the permanent headmaster. The petitioner was granted B.A. trained with effect from 16.3.1996 and was directed to join in Middle School Dhobna, in the district of Dumka, but in that letter the designation of the petitioner was not mentioned, therefore, the petitioner had to make a fresh representation for modification of the said letter, then another letter Annexure-5/B was issued whereby he was given B.A. trained scale and treatment of permanent headmaster. Thereafter the petitioner joined the Middle School, Dhobna Jamtara and was continuously working as headmaster with drawing and disbursing power B.A. trained scale (1640 to 2900) but he was not given the scale of headmaster (2000 to 3500). The petitioner claims that scale with effect from the date of passing of B.A. examination i.e. Sahitya Alankar, though in the year 1987 vide Annexure-7, the petitioner was demoted to the post of Assistant teacher mainly on the ground that as per the promotional Rules 1993, thequalification is post graduate. It was also a ground that the petitioner had not completed the period prescribed for promotion from grade 4 to grade 7 nor he had acquired post graduate degree. Being aggrieved by that, the petitioner moved the Patna High Court in C.W.J.C. No. 11605 of 1997 (Annexure-8) and that was disposed of with the following direction.

'I, therefore, set aside the impugned order but with a liberty to the respondents to record a fresh order after a regular enquiry and opportunity to the petitioner. But before parting with this order, I must observe since the petitioner has served the post of headmaster for a period of 20 years, the authorities concerned are required to keep in mind, the hardship to the petitioner and his family members, before taking any such decision.'

Consequent to that order of the Patna High Court, the petitioner was again posted as headmaster in the old scale (Annexure-9). Annexure-9 shows that in the light of the direction given in the aforesaid writ, the petitioner was posted as headmaster in the Middle School, Korapara (Mihizam) and with regard to other claims, the decisions were to be taken after enquiry. Here I find that the order of the Patna High Court was to enquire into the matter and then to dispose of the prayer of the petitioner and it was merely an observation that at the time of passing of the order, the respondents have to keep in their mind the fact that the petitioner has already served as headmaster for 20 years but it is found from perusal of the Annexure-9 that without making any enquiry the petitioner was posted as headmaster subject to some finding in enquiry. There was no such direction of the Court to post the petitioner as headmaster without any enquiry but this was done. Thereafter the petitioner was not paid B.A. trained scale with effect from 23.9.1984 to 19.5.1996 despite the order of the Patna High Court which led to certain representations made by the petitioner. It is a specific case of the petitioner that Nand Kishore Singh was granted B.A. trainedscale with effect from 23.9.1984 since the date of passing of Sahitya Alankar, although he had passed Sahitya Alankar alongwith the petitioner from the same place on the same date. The further case of the petitioner is that two other persons, namely, Ram Narayan Singh and Abinash Prasad Singh, who were juniors to the petitioner and their position is much below than the petitioner in the gradation list, were granted I.A. trained scale after the petitioner are also working as headmaster and are getting scale of headmaster. Then one Naresh Kumar who was also working as an Assistant teacher under the headmaster ship of the petitioner, is working and getting the B.A. trained scale.

5. The State appeared and filed counter affidavit. With regard to the case of discrimination against the petitioner, the case of the respondents is that the matter relates to newly created Deoghar district and Nand Kishore Singh had been given scale of B.A. trained scale by the District Superintendent of Education, Deoghar while the petitioner is at Dumka. With regard to other three persons, namely, Ram Narayan Singh, Awinash Prasad Sigh and Naresh Kumar it has been stated in paragraph 29 that the matter is being examined.

6. The case of the petitioner has been mainly contested by the respondents on the basis of Annexure-B which prescribes the qualification of the post headmaster. Admittedly this notification prescribing the qualification of headmaster came into force in the year 1993. This means prior to 1993, this qualification was not required, since the petitioner was promoted in the year 1972. When there was no requirement of post graduate degree as eligibility for the post of headmaster then in that circumstance this privilege which vested in the petitioner on the ground of qualification as required at this time could not have been withdrawn. This was also the spirit of the order of the Patna High Court. Secondly if circular Annexure-B is applicable to the whole of the State then it can be no answer of the respondents that In the case of Nand Kishore Singh, who is posted at Deogharis not comparable, though the respondents have not categorically stated that Nand Kishore Singh has rightly got that post and the scale. But indirectly they stated that since Nand Kishore Singh is posted in Deoghar and the petitioner is posted in the district Dumka, therefore, they have not been in a position to say that what happened at Deoghar. So far other three persons are concerned, it appears that though this counter affidavit has been filed in the year 2002, but till date these persons have not been demoted to the post of the Assistant teacher rather a regular enquiry is being made. Therefore, when other persons who are admittedly juniors to the petitioner has been allowed to continue on that post then there was no justification on the part of the respondents not to allow petitioner to continue on that post, in utter discrimination with his juniors.

7. In the aforesaid circumstances, it is a fit case of discrimination which requires intervention by the Court. Consequently, the respondents are directed to grant the scale of headmaster to the petitioner as has been granted to Nand Kishore Singh and other juniors to the petitioner with effect from the date on which the said Nand Kishore Singh has been granted that scale of headmaster. This exercise must be completed within a period of three months from the date of receipt/production of a copy of this order.

8. This writ is allowed at the stage ofadmission itself.