UNION OF INDIA Vs. KRISHNA KUMAR JAISWAL

JUDGEMENT

(1.) This writ petition is directed against the order dated 9.4.2002 (Annexure-1), passed by the learned Central Administrative Tribunal, Patna Bench, in O.A. No.508 of 2000 (Krishna Kumar Jaiswal Vs. The Union of India & Ors.), whereby the original application preferred by respondent no.1 herein, has been allowed and the authorities have been directed to consider his case for promotion to the category of Post Graduate Teachers (in short, the PGT).

(2.) A brief statement of facts essential for the disposal of this writ petition may be indicated. Respondent no.1 was appointed as a Physical Training Instructor (in short PTI), on 29.10.1990, in the Mixed Secondary School, Chakradharpur, South Eastern Railway, in the pay scale of Rs.1400-2600, and the revised pay scale of the same is Rs.5500-9000/-. It is relevant to state that the Railways have a cadre of Trained Graduate Teachers (in short, TGT) in the revised pay scale of Rs.5500-9000/- who are promoted from amongst lower cadre of secondary teachers. The entire PGT (in the revised pay scale of Rs.6500-10500/-) are promoted from amongst TGT. It is relevant to state that the minimum qualifications of PTI are graduate plus diploma in physical training. The minimum qualification of TGT is graduation in a specified subject, and B. Ed. No extra qualification is prescribed for PGT except that they are drawn from TGT. It is further relevant to state that respondent no.1 holds degree of Master of Arts in Political Science as well as qualification of Diploma in Physical Education as well as B. Ed.

(3.) In view of the position that the authorities did not accede to the request of respondent no.1 to consider his case for PGT, he preferred the original application which has been allowed by the impugned order. The operative portion of the order is reproduced hereinbelow: