(1.) Heard Sri Naresh Chandra Verma, learned counsel for the petitioner and Sri Dinbandhu Singh, learned Govt. Pleader - 9.
(2.) It is a peculiar case, in which, petitioner was constrained to approach this Court again-and-again for grant of Graduate trained scale. Despite the direction of this Court dated 25-08-2008 passed in C.W.J.C. No. 3016 of 1995, whereby, the Commissioner-cum-Secretary, Primary Education was directed to call for a report from the District Superintendent of Education and thereafter, decide the case regarding the claim of the petitioner in respect of B.A. trained scale, the Principal Secretary, Human Resources Development Deptt. by the impugned order i.e. order dated 20-12-2010 (Annexure - 8 to the writ petition) without application of his mind and in perfunctory manner has rejected the claim of the petitioner. The Principal Secretary had received recommendation from the District Superintendent of Education, Saran, wherein it was categorically indicated that persons placed junior to the petitioner in the seniority list were granted scale of B.A. trained and he recommended in favour of the petitioner. The Principal Secretary, to the reasons best known to him, has not considered the recommendation and passed the impugned order.
(3.) The petitioner, invoking writ jurisdiction of this Court under Art. 226 of the Constitution of India, has now made a prayer for quashing of an order dated 20-12-2010 passed by the Principal Secretary (Annexure - 8) and has prayed for directing the respondents to grant him B.A. trained scale w.e.f. 01-04-1981, the date on which for the first time juniors to the petitioner were given the said benefit.