PRABHU SHARAN TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner was an Assistant Teacher in Navin Ganesh Pathshala, Kadamkuan, Patna which seems to have been taken over by the Government sometime in 1975 under the provisions of Bihar Non-Government Elementary School (Taking Over of Control and Management) Act, 1976. He has retired on 31.12.1992. At the time of his appointment he was merely Matriculate. Subsequently he enhanced his qualification by passing I.A. in 1966 and completed Teachers Training in 1976. According to the petitioner, pursuant to enhancement of his qualification he filed an application before the District Superintendent of Education (hereinafter, in short, referred to as respondent-D.S.E.) for granting him the I.A. trained scale. By order dated 22.9.1980 (Annexure '3') the D.S.E. allowed him the I.A. trained scale from 1.1.1977.

(2.) BEING aggrieved by grant of I.A. trained scale to the petitioner one Paras Nath Pandey and Anr. who were Assistant Teacher of Elementary School in the district of Patna filed a writ application being C.W.J.C. No. 3864 of 1991 claiming I.A. trained scale on the ground that they are senior to the petitioner. Hon'ble L.M. Sharma, J. (as he then was) disposed of the said writ application on 24.11.1981 observing therein that the petitioners should file representation before the Director for redressal of their said grievance which should be disposed of within two months. Accordingly, they filed representations in February, 1982. But since it was not disposed of within the time fixed by this Court, they filed another writ application being C.W.J.C. No. 3925 of 1982 on 30.4.1982 which was disposed of by Hon'ble S.B. Sanyal, J. on 30.4.1984. His Lordship after expressing utter disgust and displeasure at the inaction on the part of the Director directed to dispose of the representation of the petitioner within two months from the date of the judgment and remedy the injustice complained of.

(3.) C.W.J.C. No.: Lakhandeo Sharma and Ors. 778 of 1984 5.C.W.J.C. No.: Ramanand and Ors. 2467 of 1984 6.C.W.J.C. No. : Chandrika Singh and Ors. 3218 of 1984 7.C.W.J.C. No.: Chandeshwar Pd. and Ors. 2526 of 1984 8.C.W.J.C. No.: Ram Ekbal Singh and Ors. 1450 of 1984 9. C.W.J.C. No. : Sunil Kumar Prasad and Ors. 2559 of 1984 10. C.W.J.C. No.: Sideheshwar Pd. and Ors. 2472 of 1984 11. C.W.J.C. No.: Kirshnanand Sharma and Ors. 1835 of 1984 12. C.W.J.C. No.: Nageshwar Prasad and Ors. 1138 of 1984 13. C.W.J.C. No.: Prayaglal Sigh and Ors. 972 of 1984 14. C.W.J.C. No.: Krishnanadan Sharma and Ors. 540 of 1984 15. C.W.J.C. No.: Suresh Sahu and Ors. 1601 of 1984 16. C.W.J.C. No.: Shiv Narayan Sinha and Ors. 4542 of 1984 17. C.W.J.C. No.: Sharada Nand Pd.and Ors. 4625 of 1984 18. C.W.J.C. No.: Ram Bilas Prasad and Ors. 447 of 1984 19. C.W.J.C. No.: Bhubaneshwar Prasad of Magadh Junior Middle 2751 of 1983 School, Kadamkuan, Patna. 20. C.W.J.C. No.: Arun Kumar Singh of Gautam Budha 2752 of 1983 Madhya Vidyalaya, Mahendru, Patna. 21. C.W.J.C. No.: Krishna Mohan Prasad Singh of Navin Ganesh 4539 of 1984 Pathshala, Kadamkuan, Patna 2710 of 1984 3. It appears that apart from these petitioners. I.A. trained scale was granted also to Smt. Punam Mahadhariar and Sri Shiv Kumar Sharma of Middle School, Kankarbagh and Bihari Sao Lane of Patna, respectively. 4. The learned Director pursuant to order of this Court on a detailed consideration by his order dated 23rd March, 1985 came to the conclusion that in view of the Government policy decision, grant of higher scale was not permissible on mere enhancement of educational qualification. He specifically noticed that the Department Circular No. 20 dated 29th February, 1966 having given rise to certain misconception was subsequently clarified to the effect that mere acquisition of qualification could not lead to entitlement of higher pay scale. He also held that the petitioner was promoted to a post in higher scale of I.A. trained by losing sight of this fact. He also noticed that no final gradation list has been prepared till that date and the tentative gradation list only related to the teachers who were employed by Patna Municipal Corporation. In this gradation list the name of the petitioner was not there. Accordingly, he took the view that grant of promotion or higher scale to the petitioner in Intermediate Trained Scale was bad and he cancelled all the promotions including that of the petitioner and other based on the analogy or basis of the petitioner. This order has been filed as Annexure '6'. It also appears that the aforesaid Paras Nath Pandey had also filed Contempt Application being M.J.C. No. 416 of 1984, which was disposed of on 10.4.1985, for enforcement of the direction issued by this Court as above wherein the then Director, Primary Education had slated that promotion granted to the petitioner had been cancelled without hearing.