Disposed

Lalita Devi v. The State Of Bihar and Ors.

Patna HC29 Aug 2012CWJC/14217/2012

Case brief

AI extract

What is this about?

This writ petition challenged a proposed enquiry into the petitioner's appointment as an Incharge Headmistress. The Court observed that the ad hoc post is temporary and directed the respondents to appoint a regular Headmaster within three months, allowing the petitioner to continue in interim charge for that period.

What did the court decide?

Directing respondent authorities to appoint a regular Headmaster within three months and to allow the petitioner to continue in interim charge during this period.

Lalita Devi Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2012)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14217 of 2012

¶2

====================================================== 1. Lalita Devi @ Lalita Kumar W/O Shree Uday Kumar R/O VillageSunderpur Mell Mani Dham, Near Of Post Office, P.S.- Parpaitti, DistrictBhagalpur, Presently Posted As The Block Teacher At The Girl'S Middle School, Sermari, Parpaitti, District- Bhagalpur

¶3

.... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary Human Resources Development Department, Government Of Bihar, Patna 2. The District Education Officer, Bhagalpur 3. The District Programme Officer (Establishment), Education Department, Bhagalpur 4. The Block Education Officer, Pirpaitti, District- Bhagalpur

¶4

.... .... Respondent/s

¶5

====================================================== Appearance : For the Petitioner/s : Mr. Binit Kumar For the Respondent/s : Mr. P.N. Sahi Aag14 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

¶6

2 29-08-2012 Heard learned counsel for the petitioner and the State.

¶7

The contention on behalf of the petitioner is that she was appointed as an Incharge Headmistress of the Girl’s Middle School, Sermari Parpaithi, District- Bhagalpur after the superannuation of the erstwhile Headmistress in January, 2012. If the respondents are proposing to hold any enquiry into her appointment as an Incharge Headmistress, as proposed in the order dated 17.1.2012, she may be allowed to continue in the meantime.

¶8

Counsel for the State rightly submits that no person has a legal right to be appointed as an Incharge

¶9

Patna High Court CWJC No.14217 of 2012 (2) dt.29-08-2012

¶10

2 / 2

¶11

Headmaster. He next submits that the post as an ad hoc arrangement can be given only to the senior most person.

¶12

An appointment as an Incharge Headmaster pre-supposes an ad hoc arrangement, temporary in nature, giving breathing time only to make regular appointment of a Headmaster. If the earlier incumbent has retired on 5.1.2012, the respondent authorities have had more than reasonable time to appoint a regular Headmaster rather than to encourage adhocism and generate litigation when teachers who are required to be in the classroom imparting education are encouraged to approach the Courts at the cost of their teaching responsibility.

¶13

The respondents are therefore directed to ensure that a regular Headmaster is put in place at the earliest not beyond a maximum period of three months from the date of receipt/production of a copy of this order.

¶14

For these three months, the respondents, based on their subjective satisfaction for reasons to be recorded in writing, may appoint a senior most person as an Incharge Headmaster, which interim arrangement shall automatically come to an end after expiry of three months.

¶15

The writ application stands disposed.

¶16

(Navin Sinha, J)

¶17

P. Kumar/-

Lalita Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Lalita Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mukesh Kumar Vs The State Of Bihar and Ors.

Tasnim Vs The State Of Bihar and Ors.

Samiul Haque Vs The State Of Bihar and Ors.

Tajmul Husain and Ors. Vs The State Of Bihar and Ors.

Subhadra Kumari Vs The State Of Bihar and Ors.

Raj Kumar Das Vs The State Of Bihar and Ors.