BABBAN TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The 19 Petitioners of this case have challenged the memo No. 7 dated 2.1.2009 containing office order of the office of the District Superintendent of Education, Saran (Annexure-9), by which the office order containing memo No. 669 dated 30.6.2008, granting promotion to the Petitioners from Matric Trained Scale Teachers to Graduate Trained Science Teachers, has been stayed pursuant to a decision of the District Education Establishment Committee dated 26.9.2008.

(2.) Learned Senior Counsel for the Petitioners submits that earlier the juniors of the Petitioners in the Science stream were promoted to Graduate Trained Scale. Aggrieved by the same Petitioners represented and their cases were also considered and a common gradation list was prepared and, finding the Petitioners senior enough in the list, they were granted Graduate Trained Scale of Science Teachers, vide Annexure-17, and Senior Graduate Trained Scale of Science Teachers, vide Annexure-18. It is submitted that these two orders were also passed by the District Education Establishment Committee. However, without any rhyme or reason the same has been stayed by the impugned order.

(3.) A counter affidavit has been filed in this case by the Respondents. In the counter affidavit some justification has been sought to be made for the issue of impugned order. It is also stated that the matter with regard to preparation of list of teachers of Matric Trained Scale, Intermediate Trained Scale as well as Graduate Trained Scale was Sub-judice before a Division Bench of this Court in which question for consideration was as to whether the gradation lists of teachers of Science stream and Arts stream in different grades have to be prepared separately or had to be a common gradation list for the purposes of promotion to the post of Headmaster. Therefore, by admitting the appeals, this Court, by order dated 17.1.1997, passed in LPA No. 985 of 1996 and other analogous appeals, had directed the Respondents to maintain status quo in respect of the gradation lists concerned.