RAJ KISHORE SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to grant to the petitioner the first time -bound promotion taking into account the date of entry in the service and for grant of regular pay scale from the said date also.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that by order dated 30th of September, 1973 (Annexure -3), petitioner was appointed as a Science Teacher on a fixed honorarium of Rs. 200/ - p.m. Said appointment has been made under the policy of the State to maintain the students and teachers ratio. In pursuance of the said order, petitioner joined on 4.10.1973. After completion of one year of service, he was given the regular scale of pay w.e.f. 4.10.1974. By order as contained in memo dated 18.10.1986 (Annexure -12) petitioner was granted the first time -bound promotion w.e.f. 1.4.1984 with further stipulation that the monetary benefits flowing from that shall be paid from 1.4.1985. Petitioner filed representation claiming that the period of ten years ought to have been calculated from 4.1.1973 and accordingly, he ought to have been granted the first time -bound promotion on completion of ten years w.e.f. 4.10.1983. However, when such prayer was not granted, petitioner has preferred this writ application. Further plea of the petitioner is that as he was appointed on fixed honorarium but following the procedure meant for regular appointment, he shall be entitled for regular scale of pay right from the date of his appointment.

(3.) MR . Madan Prasad Singh, appearing on behalf of the petitioner, submits that as the petitioner was appointed initially on honorarium after following the same procedure meant for regular appointment, he is entitled for grant of regular scale of pay right from the date of his joining i.e. 4.10.1973 on fixed honorarium. In support of his submission, he has placed reliance on an unreported decision of this Court dated 1.5.1995 passed in C.W.J.C. No. 3633 of 1994 (Yogendra Raut vs. The State of Bihar & Ors.) and my attention has been drawn to the following passage from the said judgment. "Initial appointment having been made according to the prescribed procedure, I see no reason why the teachers should be denied the benefit of continued officiation in shape of seniority, pay etc. In that view of the matter the stand of the respondents to treat the petitioner as appointed from 9.1.1973 and to deny him the benefits of the revised scale application from 1.10.1975 cannot be said to be in accordance with law."