MITHILESHWAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER has prayed for quashing of Memo No. 195 -3 dated 12.2.2000 (Annexure -5) whereby and where under the time bound promotion granted to the petitioner with effect from 23.2.1985 to 28.2.1989 and the senior selection grade granted with effect from 1.3.1989 has been cancelled and consequently order for recovery in 24 equal instalments has been made. By the impugned order the petitioner has been placed in Matric trained scale with effect from 18.4.1995 i.e. one day after 17.4.1995 when the petitioner passed training examination.

(2.) PETITIONER 's further prayer is for commanding the respondents to allow him to remain in the scale in which he was working prior to 12.2.2000 and to pay him salary in the scale in which he was continuing prior to 12.2.2000.

(3.) COUNTER affidavit has been filed on behalf of respondent No. 5 the District Superintendent of Education, Saharsa where it has been stated that in view of letter No. 99 dated 7.6.1995 issued by the Director, Primary Education, Bihar, the petitioner was granted matric trained scale of Rs. 1200 -2050/ - on the basis of higher qualification with effect from 10.7.1995. Since the petitioner had passed training examination on 17.4.1995 as such he has been allowed matric trained scale with effect from 18.4.1995 one day after passing of the training examination. In this view there is no illegality in the impugned order. So far the first time bound promotion given to the petitioner in terms of Finance Department Resolution No. 6021 dated 18.12.1989 is concerned it was allowed to the petitioner on the recommendation of the District Establishment Committee on completion of ten years of service i.e. with effect from 17.3.1981. The school in question where the petitioner was appointed as Assistant teacher was earlier being managed by the Managing committee but subsequently taken over with effect from 17.3.1981.