DEVENDRA YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner has sought for quashing of the office order containing memo No. 286 dated 25.1.2003 issued by the respondent No. 2, District Superintendent of Education, Ranchi whereby the representation of the petitioner for his promotion in B.Sc. Trained Scale and also for the post of Headmaster has been rejected. The petitioner has also sought for direction upon the respondents to consider the case of the petitioner for his promotion in the B.Sc. Trained Scale as well as for the post of Headmaster.

(2.) According to the petitioner he was appointed on the post of Assistant Teacher in the I.Sc. Untrained Scale after being included in the panel prepared on the basis of an advertisement issued in the year 1981 and on facing interview. The petitioner had to approach the Patna High Court in C.W.J.C. No. 885 of 1988(R) for direction upon the respondents to issue appointment letter as persons Junior to him had been appointed. By virtue of the order dated 11.8.1988 passed in the said case the respondents issued the appointment letter to the petitioner and thereafter, vide Annexure-7 dated 14.6.2000 the petitioner's seniority was reckoned w.e.f. 12.4.1982 and it was further indicated that in future while preparation of seniority list he would be placed above persons like Lambodar Mahto and Shivshanker Jha, who had obtained lesser marks. However, in consonance with the judgment dated 11.8.1988 it was indicated that the petitioner would not be entitled for the financial benefits for the period till his date of actual joining or in the matter of fixation of pay-scale. However, pensionary benefits should be calculated from the date of reckoning of the seniority as stated under the signature of District Superintendent of Education, Ranchi. The petitioner, thereafter, again came before this Court in C.W.J.C. No. 4343 of 2000(R) for quashing of order of promotion of the respondent No. 5 in the said case to the post of Headmaster and for further direction upon the respondents to give appropriate scale adding the increments from 12.4.1983 and further grant of promotion on the next higher grade. That writ petition was disposed of by directing the respondents to consider and dispose of the representation of the petitioner by a reasoned and speaking order within stipulated time. The petitioner's representation has been rejected by the impugned order dated 25.1.2003 (Annexure-4) whereby the claim of the petitioner for B.Sc. Trained Scale has been refused as also his claim for the post of Headmaster.

(3.) Counsel for the petitioner has assailed the impugned order inter alia on the grounds that he completed his graduation in the year, 1987 and, thereafter, passed his post graduation examination in the year 1994 and persons like Lambodar Mahto have been granted B.Sc. Trained Scale as well as promotion to the post of Headmaster ahead of the petitioner while denying him the same.