SHEELA RAY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) There is an application seeking quashing of the order as contained in Memo No. 778 dated 23.6.2010 passed by the Respondent District Superintendent of Education, Bhabhua as well as the consequential order issued vide Memo No. 803 dated 1.7.2010. The effect of the impugned orders is that the promotion granted to the petitioner vide letter No. 180 dated 29.5.2008 issued by the office of District Superintendent of Education, Kaimur (Bhabhua) has been cancelled. By the said order dated 29.5.2008, the petitioner, who was Assistant Teacher was given promotion on the ground of parity with Smt. Rajmuni Devi with retrospective effect.

(2.) The petitioner has superannuated with effect from 30.6.2010 i.e. 7 days after the date of issuance of impugned order dated 23.6.2010. Though the writ application was filed in the year 2010 and vide order dated 17.9.2010, the State Respondents were granted time for filing counter affidavit, till date no counter affidavit has been filed. I condemn inaction on the part of the Respondents for not filing counter affidavit despite order of this Court dated 17.9.2010; more so, as they have not responded despite repeated reminders made by the learned counsel for the State respondents. In such view of the matter, I am left with no option but to proceed on the basis of statements made in the writ application.

(3.) It is petitioner's claim that she and one Rajmuni Devi were appointed as Assistant Teachers on the same day i.e. 19.1.1974. However, the said Rajmuni Devi was placed below in the gradation list of Teachers prepared for the post of Trained Graduate Teachers. Petitioner was placed at serial No. 111 whereas said Rajmuni Devi at serial No. 112 in the said Gradation list. Though Rajmuni Devi was junior in the gradation list she was given I.A. Trained Scale with effect from 20.11.1976, B.A. Trained Scale with effect from 1.4.1983 and scale of Headmaster with effect from 1.4.1985 but such benefits were not granted to the petitioner. The petitioner kept on approaching the authorities for redressal of his grievance. Finally by a letter No. 577 dated 2.4.2007, the Director (Primary) Education, Bihar asked the District Superintendent of Education to take necessary action after placing the petitioner's case before District Education Establishment Committee. The petitioner's case was placed accordingly before the Committee on 21.4.2008 whereupon the Committee took a decision to grant all benefits to the petitioner which were granted to said Rajmuni Devi. Accordingly vide order dated 29.5.2008 issued by the Superintendent of Education, Bhabhua (Kaimur), the petitioner was granted LA. trained scale with effect from 20.11.1976, B.A. scale with effect from 1.4.1983 and scale of Headmaster with effect from 1.4.1985.