Compliance with the Mandates of the Proclamation

Chandreshwar Prasad Singh vs. the State of Bihar and Ors

Filed under: Service Law
Appellant: Chandreshwar Prasad Singh
Respondent: The State of Bihar and Ors
Citation: 2003(1) BLJR43
Court:In the High Court of Patna
Judge: Chandramauli Kr. Prasad

Facts

Chardreshwar Parsad Singh, in charge Headmaster of the Government Deaf and Dumb School, Ranchi, was transferred to the Government Deaf and Dumb School, Darbhanga In pursuance of the order, he joined as in charge Headmaster of the Deaf and Dumb School at Darbhanga. However, his grievance was that although he had been working as in charge Headmaster of the School for long, the State had not been filling the post of Headmaster on a regular basis. He thus filed the present petition against the State.

Arguments made on behalf of State

It was argued on behalf of State that not only Chandreshwar but three other Assistant Teachers had also been working as acting Headmaster or Headmaster-in-charge in other Deaf and Dumb Schools but Headmasters had not been promoted earlier on a regular basis as the gradation list was in the process of being finalized. It was further stated that the final gradation list had been published and the proposal for roaster clearance had been sent to the competent authority.

As soon as the roaster clearance was obtained, the Headmasters in charge would be promoted on a regular basis. It was further held that by an order Chardreshwar had been promoted as Assistant Headmaster and further by order of the same date as Headmaster. It was contended that in view of the previously mentioned order, the relief sought for by him had already been granted.

Observations of the Court

The Court observed that it had been more than a decade ago, when it had directed the Director of Social Welfare Department to take steps for filling up the post of Headmaster within a period of six months. That order had not been complied with within the time fixed and in fact, the Court had to direct the Department of Social Welfare for compliance of its earlier order when it was brought to the notice of this Court that Chandreshwar had been continuing as in charge Headmaster for a long time.

Further, it was stated that India was a signatory to the proclamation of full participation and equality of people with disabilities in Asia and Pacific Region in which ‘the Asian and Pacific decade of the Disabled persons 1993-2002’ was launched. The Court observed that in the ‘decade of the disabled persons’, the Government of Bihar took one decade to fill up the post of Headmaster of the Government Deaf and Dumb School. It was held that any welfare Government could not ignore the command of proclamation. They had to understand that the welfare of the disabled lies in appointment of a regular Headmaster of Deaf Schools.

It was further held that as in a period of a decade, many officers had been posted as Director of Social Welfare Department and as the present incumbent had recently joined and complied with the order, it would be unjust to punish him for non-compliance of an order passed a decade ago. However the present Director was directed to place the order before the Chief Minister who would then take appropriate action as deemed necessary in light of the facts of the present case so that the administration may realize that the omission to look-after the disabled may result into action against them.

The Writ Petition was disposed off with these directions.

Cases Referred:

• Shobhakant Jha v. State of Bihar and Ors.C.W.J.C. No. 1664 of 1991