ARBIND KUMAR BHARTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have preferred the writ petition for direction on the Respondents not to give promotion to LA. trained scale of pay or B.A. trained scale of pay in the Basic Schools under the Kosi Division, unless and until a final gradation list of matric trained teachers is prepared.

(2.) According to the Counsel for the petitioners, the respondents should prepare gradation list on the basis of positions of persons, as appearing in the merit list/panel, out of which initial appointment was made to the post of Assistant Teacher and not on the basis of joining of a person to such post.

(3.) The brief fact of the case shows that an advertisement was made on 7th August, 1988 for appointment to the post of Assistant Teachers in Basic Schools, including the schools under the Kosi Division. The petitioners along with others applied in pursuance of said advertisement and called for interview. The petitioners appeared in the interview held in October, 1989, whereinafter a merit list/panel of successful candidates were prepared. The respondents thereafter issued one order of appointment vide letter dated 7th February, 1991. By the said letter, a total of 136 persons, including the petitioners were appointed to the post of Assistant Teachers and were posted in different Basic Schools. On the basis of such appointment letters, the petitioners joined their respective schools on different dates and other persons who were also appointed by the said letter dated 7th February, 1991, they also joined their respective place of posting.