GIRJA SHANKAR TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner is aggrieved by the order dated 07.04.2003 (Annexure-11) by which his representation has been rejected by the respondent no. 5, District Superintendent of Education, Garhwa for grant of B.A. trained scale and promotion in the scale of Headmaster.

(2.) According to the petitioner, he had earlier approached this Court in CWJC No. 866 of 2000 for the same relief as one Jasmuddin Khan, who is junior to the petitioner, was granted B.A. Trained scale in the year 1979 and placed senior to the petitioner, who acquired B.A. Degree in the year 1981. It is the case of the petitioner that he was appointed in the year 1965 while other persons have been appointed in the year 1966 on the same post of Assistant Teacher.

(3.) The petitioner was aggrieved on the first occasion as by the impugned action of the respondents, the seniority of the petitioner was being affected. It is submitted by relying upon the order dated 06.01.2003 (Annexure-10) on behalf of the petitioner that issue relating to inter se seniority between Jasmuddin Khan and the petitioner was considered and decided by this Court holding that acquisition of higher qualification does not entitle a person to become senior in the matter of grant of higher grade. It is further submitted that in the said judgment itself, this Court observed that nothing has been shown that Jasmuddin was promoted earlier on account of district roster policy and there was no vacancy for the petitioner. On remand by this Court, the respondents have again passed similar order, which is contained at Annexure-12 by which the representation of the petitioner has been rejected on similar ground. Learned counsel for the respondents, on the other hand, justified the impugned order stating that petitioner had passed the B.A. Trained Examination in the year 1981 while other person Jasmuddin had done so in the year 1979. However, it appears that counsel for the respondent is not able to dispute the position settled by the judgment of this Court in CWJC No. 866 of 2000 in the case of the petitioner himself vide judgment dated 06.01.2003.