DINESH CHANDRA MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) THE petitioner earlier moved this Court in CWJC No. 3912/96(R) with the grievance that persons junior to him have been promoted to I.A. and B.A. trained scale and also to the post of Headmaster. Hence the case of the petitioner has been discriminated. This Court disposed of the said writ application on 19.8.97 with a direction to the petitioner to file representation before the District Superintendent of Education Singh -bhum West, Chaibasa who shall consider the claim of the petitioner and pass a reasoned order. Pursuant to that direction the D.S.E. Chaibasa disposed of the representation of the petitioner vide order dated 22.1.98 which has been impugned in this writ application.

(3.) IN that view of the matter there is no justification in rejecting the claim of the petitioner merely on the ground that he was given I.A. trained scale and B.A. trained scale after the candidates junior to him. The matter needs reconsideration by the DSE. I. therefore, direct the DSE, West Singhbhum. Chaibasa to reconsider the claim of the petitioner and if it is found that persons junior to the petitioner have been given I.A. and B.A. trained scale prior to the date when t he petitioner was given, then necessary derision may be taken for giving promotion to the petitioner in the aforesaid scale with effect from the date when other persons have been given. Consequently the benefits of further promotion to the post of Headmaster shall also be considered in the same manner as other candidates junior to him have been considered. The DSE shall take decision of giving benefits to the petitioner within 30 days from the date of receipt of a copy of this order.