LAWS(PAT)-2004-10-22

SHANKAR KAMAL KISHORE SINGH Vs. STATE

Decided On October 05, 2004
Shankar Kamal Kishore Singh Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) IN all the writ applications, common question of law with little variation on facts arise and as such, they are being disposed of by this common judgment. Petitioners are teachers and for the purpose of relief can be classified in two sets. Prayer of one set of the petitioners is to quash the order whereby the promotions granted to them in Intermediate trained scale and Graduate trained scale have been cancelled, whereas the prayer of the another set, is to quash the order by which their dates of promotions in the aforesaid scales have been shifted to later dates.

(2.) SHORN of unnecessary details, facts giving rise to the present applications are that the State Government, under the National Education Policy, on the recommendation of the Central Education Council created 471 posts of Agriculture Teachers in the year 1972 -73 prescribing the qualification of Matriculation with Diploma in Agriculture for such an appointment. Out of 471 posts, 71 posts were in the scale of Rs. 240 -396/ - and remaining 400 posts were created in the scale of Rs. 150/ - per month. Later on, all the 471 posts were made permanent in the scale of Rs. 240 -396/ -and such of the Matriculate Teachers who had training or Diploma in Agriculture were regularised as Agriculture teachers on 1.3.1975.

(3.) THE General Teachers aggrieved by the aforesaid judgment of this Court, preferred Special Leave to appeal which was registered as Special Leave Petition No. 26271 of 1995 and the Supreme Court, by its interim order dated 1st of November, 1996, directed the State Government to take a decision in regard to the claim of the Assistant Teachers, Agriculture and General Teachers, notwithstanding the decision of the High Court, within six weeks. Relevant portion of the order of the Supreme Court reads as follows: