MUKUND MARANDI Vs. SECRETARY, SCHOOL EDUCATION & LITERACY DEPARTMENT (PRIMARY EDUCATION), GOVERNMENT OF JHARKHAND.

JUDGEMENT

(1.) The instant writ petition has been filed under Article 226 of the Constitution of India for quashing order as contained in Memo No. 950 (Legal) dtd. 30/12/2016 issued under the signature of Director, Primary Education (respondent no. 3) by which the petitioner was reverted from the Subordinate Education Service to Lower Subordinate Education Service; and for direction upon the respondents to allow the petitioner to continue against the post of Subordinate Education Service, on which the petitioner was promoted.

(2.) The brief facts of the case, as per pleadings made in the writ petition, which require to be enumerated reads as hereunder: The petitioner was appointed in Lower Subordinate Education Service in March, 1991 as Assistant Teacher in Government Basic School, Kendua, Dumka. At the time of appointment, he was matriculation and passed Intermediate in the year 1993. He obtained the degree of Sahityalankar in the year 1997, which is stated to be equivalent to Graduation. Thereafter, he was promoted in the Subordinate Education Service w.e.f. 11/10/2003. Accordingly, he joined as Lecturer in Primary Teacher Training College, Padiya in term of order as contained in Memo No. 2495 dtd. 26/7/2005. At present, he is posted as School Sub Inspector, Nagarpalika, Palamu and he has been completed more than 12 years in Subordinate Education Service.

(3.) It has further been submitted that the Director, Primary Education issued another order vide Memo No. 725 dtd. 13/2/2007 promoting 36 persons against the post of Subordinate Education Service, in which, several persons have the requisite qualification of Sahityalankar, which is equivalent to Graduation degree. Thereafter, vide order as contained in Memo No. 394 dtd. 23/2/2011 several persons who have requisite qualification of Sahityalankar were promoted against the post of Subordinate Education Service. Being aggrieved with such promotion, some persons approached the writ Court by filing two writ petitions being W.P. (S) Nos. 770 of 2003 and 6100 of 2003 challenging letter no. 6063 dtd. 3/11/2003. The writ petitions was disposed of vide order dtd. 19/9/2014 holding that the qualification of Sahityalankar cannot be treated equivalent to graduation or Bachelor of Arts Degree for the purposes of claiming any benefit of promotion to the post of Subordinate Education Service by the private respondents, as such any promotion granted on the basis of such qualification to the private respondents has to go. It was further held that order of promotion based on such claim of qualification of Sahiytalankar cannot be held to be legal and valid and any promotion granted pursuant to order dtd. 26/7/2005 to the private respondents cannot be sustained in the eye of law and is accordingly quashed. Pursuant thereto, vide letter no. 783 (Legal) dtd. 3/10/2016, the petitioner was served with show cause notice to which he replied, but the respondent-Director, Primary Education without taking note of the fact as given in show cause reply reverted the petitioner from the Subordinate Education Service to Lower Subordinate Education Service vide Memo No. 950 (Legal) dtd. 30/12/2016 issued under the signature of Director, Primary Education (respondent no. 3). Being aggrieved with the order of reversal, the petitioner approached this Court invoking the power conferred to the Court under Article 226 of the Constitution of India for redressal of his grievances. 3. At the outset, learned counsel for the petitioner has submitted that in batch of writ petitions, being W.P.(C) No. 3115 of 2015 and analogous cases, the petitioners challenged notification/order dtd. 26/2/2015 and 1/6/2015, which was disposed of vide order dtd. 10/5/2022 in terms of order passed by the Full Bench of the Patna High Court in the case of Ramashankar Patel and Ors Vs. The State of Bihar and Ors. [Civil Writ Jurisdiction Case No. 11255 of 2016 and Civil Writ Jurisdiction Case No. 3828 of 2015], by which, the degree of 'Praveshika' 'Sahitya Bhushan' and 'Sahitya Alankar' issued by the Hindi Vidyapith, Deoghar has been held valid up-to 26/2/2015. It has further been submitted that in the cases in hand, the promotion of the petitioner has been reverted from the Subordinate Education Service to Lower Subordinate Education Service de-recognizing the degree of Sahityalankar, which has been validated by this Court vide judgment dtd. 10/5/2022 rendered in W.P. (C) No. 3115 of 2015 and analogous cases. Therefore, prayer has been made that the instant writ petitions may also be disposed of in terms of order passed in W.P. (C) No. 3115 of 2015 and analogous cases.