RAJESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner being aggrieved by the order as contained in Memo No. 29 dtd. 3/1/2019 (Annexure-10) has filed the present writ application for quashing the said order. The petitioner has further prayed for quashing of the resolution dtd. 22/12/2018 of the District Establishment Committee, Begusarai (Annexure -9) as void ab initio and illegal.

(2.) The factual matrix of the case is in narrow compass as the petitioner was appointed as untrained Assistant Teacher on 5/9/1999 under the Bihar Rajkiyakrit Primary School Teachers Appointment Rules, 1991 (in short the 'Appointment Rules, 1991'). The petitioner passed in-service teachers training examination in the year 2004 and was granted Matric trained pay scale with effect from 1/10/2003. As per Rule 8 of the Bihar Rajkiyakrit Primary School Teachers Promotion Rules, 2011 (in short 'Promotion Rules, 2011') after completing eight years of qualifying service in the Matric trained pay scale the petitioner became eligible for promotion as Trained Graduate Teacher in the year 2011. The petitioner along with several similarly situated persons including his juniors qualified for promotion to Graduate Trained Teacher on the basis of cut off date of 31/12/2012, however, the petitioner was the only one who was denied the benefit of promotion.

(3.) Learned counsel for the petitioner argued that being aggrieved by denial of promotion on the post of Trained Graduate Teacher whereas juniors to the petitioner were granted promotion on the basis of cut off date of 31/12/2012 the petitioner preferred an appeal on 27/10/2014 under the Promotion Rules, 2011 before the appellate authority i.e. respondent no. 4 / Regional Deputy Director, Munger Division, Munger. The appeal of the petitioner was disposed by the RDDE, Munger vide order dtd. 19/2/2015 bearing Memo No. 271 (Annexure -5) whereby the learned appellate authority directed the Chairman of the Promotion Committee-cum-District Education Officer, Begusarai to consider the claim of the petitioner for promotion in the higher pay scale / Graduate Trained Scale and dispose the same accordingly. In pursuance of the aforesaid order of the appellate authority, the Chairman of the District Establishment Committee- cum- D.E.O., Begusarai vide Office Order contained in Memo No. 510 dtd. 18/4/2015 granted promotion to the petitioner on the post of Trained Graduate Teacher. The petitioner thereafter was posted at Upgraded Girls Middle School, Baro, Teghra, Begusarai. Suddenly the respondent nos. 5 and 6 by the impugned order cancelled the promotion of the petitioner without any show cause and without giving any opportunity to the petitioner to defend himself. The impugned order thus is arbitrary and violative of the principle of natural justice.