J.P. Verma vs State of M.P. and Others

R.S. Jha, J.—Heard Shri V.D.S. Chouhan, the learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 5.8.2013 by which it has been ordered that the additional charge of Principal of Government High School, Bahgarh which had previously been given to the petitioner, be given to Shri Ram Kripal Pandey, Upper Division Teacher.

It is submitted by the learned counsel for the petitioner that Shri Ram Kripal Pandey is only an Upper Division Teacher whereas the petitioner is a Head Master of Middle School and, therefore, the charge of the post cannot be handed over to a Upper Division Teacher after taking it away from the petitioner. It is submitted that on this count the impugned order dated 5.8.2013 deserves to be quashed.

Having heard the learned counsel for the petitioner, it is observed that the substantive post of the petitioner, as stated by the petitioner himself, is Head Master of Middle School whereas he has been given charge of Head Master of a Higher Secondary School i.e. Govt. Higher Secondary School, Ras-Mohni. It is also clear that subsequently on account of suspension of another employee, the petitioner had been given additional charge of the Govt. High School, Bahgarh, Block Budhar as well. It is further clear that subsequently one Shri Ram Kripal Pandey has been promoted as Upper Division Teacher and has been posted at Government High School, Bahgarh and it is on this count that the respondents have passed the impugned order dated 5.8.2013 and after taking away additional charge given to the petitioner of High School, Bahgarh has directed that the same be given to Shri Ram Kripal Pandey.

In the circumstances, it is clear that the petitioner, whose substantive post is Head Master of Middle School, is enjoying the charge of Principal of Higher Secondary School at Ras-Mohini and wishes to take control and retain additional charge of not just one but two schools, i.e. High School, Bahgarh also, whereas the respondent authorities, with a view to ensure proper administration, have given the charge of Head Master of High School, Bahgarh to Shri Ram Kripal Pandey on his being posted there. In view of the aforesaid facts and circumstances, as the impugned order is purely administrative in nature and the present case is only one of taking away additional charge from the petitioner to which the petitioner had no right, I find no reason to entertain the present petition. The petition, filed by the petitioner, being misconceived is, accordingly, dismissed.