LAWS(PAT)-2010-4-479

BHARAT PD CHOURASIA Vs. STATE OF BIHAR

Decided On April 15, 2010
BHARAT PD.CHOURASIA, S/O LATE SARJUG PRASAD, VILLAGE SULEMAN Appellant
V/S
STATE OF BIHAR THROUGH COMMISSIONER-CUM- SECRETARY Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State. The petitioner was appointed as an Assistant Teacher in a nationalized High School on 1.5.1973. Being a simple graduate he was given the graduate untrained scale of pay in the junior grade. He obtained the qualification of teachers training on 9.6.1980 and was allowed the higher graduate trained scale of pay from that date. He was then given first time bound promotion by order dated 29.8.1991 with effect from 1.5.1983, after 10 years from the date of his initial appointment.

(2.) The scheme of time bound promotion introduced by resolution dated 30.12.1981 was for the purpose of prevention of stagnation in the same pay scale to which a person was appointed or its corresponding revised pay scale.

(3.) It was not available to those, who for any reason in the first 10 years of their services had been elevated to the higher pay scale, by promotion, merger or even up-gradation. After he had acquired the qualification of training and upon being granted the graduate trained scale of pay on 9.6.1980, he got promotion to a higher scale of pay and to a higher grade in the cadre of Assistant Teachers.