BADRINARALNVERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in this application have prayed for quashing of the order, as contained in Annexuse-6, to the extent it relates to respondent Nos 9 to 20, whereby they along with others have been promoted in the B. A. trained pay scale and further for issuance of a writ in the nature of writ of mandamus commanding respondent Nos. 1 to 8 to promote the petitioners in B. A. trained pay scale. The petitioners have also sought for a declaration that respondent Ncs. y to 20 are junior to petitions No. 1 and respondent Ncs. 18, 19 and 20 are junior to petitioner No. 2 besides other reliefs.

(2.) The short facts for deciding this case are that undisputedly the petitioners as well as respondent Nos. 9 to 20 are all B. A. trained. Petitioner No. 1 was granted I. A. trained pay scale on 13-1-1974 and petitioner No. 2 on 1-4-1980 whereas respondent Nos. 9 and 10 were granted I. A. trained pay scale on 14-9-1977 and respondent Nos. 11 to 19 were granted said pay scale on 1-4-1980 and respondent No. 20 on 15-1-1975. The aforementioned respondents acquired higher qualification i e, B. A. in the years 1980, 1979, 1976, 1980, 1965, 1982, 1975, 1976, 1980, 1982 and 1978 respectively whereas petitioner Ncs. 1 and 2 acquired the same in the year 1984.

(3.) Dr. Sadanand Jha, learned Counsel appearing for the petitioners, contended that the only question to be decided in the instant case is as to whether the ieniority will be determined with reference to the respective dates of acquiring higher qualification, namely, B. A, cr with reference to the date of initial appointment in the grade fron which the cases for promotion are to be considered of persons who acquired higher qualification before such consideration. According to him, tbe petitioners having acquired the said higher qualification i. e, B. A. though fcfter respondent Ncs, 9 to 20 but before they bad been promoted in the B. A, trained pay scale, their seniority would stand restored and will be determined as against thoie teachers with reference to the date of initial appointment in the grade.