ASWINI KUMAR KUNDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has challenged the Office Order dated 21.03.2001, whereby the 1st Time Bound promotion given to the petitioner w.e.f. 10.01.1982 has been recalled and it has been ordered that the petitioner would be entitled for the 1st Time Bound Promotion w.e.f. 17.12.1988.

(2.) The brief facts of the case are that the petitioner was appointed on 10.01.1972 as Assistant Teacher in Sri Ram Krishna High School, Bistupur, Jamshedpur. The petitioner passed B. Ed. examination on 17.12.1978 and he was given Trained Graduate pay scale w.e.f. 17.12.1978. The petitioner was appointed as untrained Graduate Teacher. In terms of Bihar Government Secondary School (Service Conditions) Rules, 1983, the seniority of the teacher was to be counted from the date of initial appointment if the untrained Graduate Teacher was appointed prior to 18.09.1972. The petitioner has further placed reliance on Circular No. 519 dated 02.07.1983. The petitioner was granted 1st Time Bound promotion in 1992 w.e.f. 17.12.1988. The petitioner made several representations and finally by Office Order dated 09.01.2000, the District Education Officer granted 1st Time Bound promotion to the petitioner w.e.f. 10.01.1982. The aforesaid order was sent to the Special Director (Secondary Education), Bihar, Patna for its approval and the Deputy Director (Secondary Education) communicated the approval to the District Education Officer on 14.03.2000. However, the petitioner was not paid salary in revised pay scale nor he was granted scale of pay after 1st Time Bound promotion w.e.f. 10.01.1982. On the contrary, two increments from his salary were withdrawn in February, 1999 w.e.f. November, 1996 without any notice or show cause issued to the petitioner. In spite of repeated representations, when the petitioner did not get any response, he moved the High Court in C.W.J.C. No. 228 of 2001, which was disposed of by order dated 17.01.2001 with liberty to the petitioner to file a representation before the District Education Officer, Chaibasa. Accordingly, the petitioner submitted his representation on 22.01.2001, which was disposed of by order dated 21.03.2001, whereby the 1st Time Bound promotion granted to the petitioner w.e.f. 10.01.1982 has been cancelled and it has been ordered that the earlier promotion granted on 17.12.1988 would be restored. The petitioner then filed a Contempt petition being M.J.C. No. 333 of 2001, which was disposed of with liberty to the petitioner to seek appropriate remedy. The petitioner has challenged order dated 21.03.2001 in the present proceeding.

(3.) A counter affidavit has been filed by the respondent No.2 taking stand that the petitioner was appointed on 10.01.1972 as Assistant Teacher and at that time he was a simple Graduate. He obtained B. Ed. qualification on 17.12.1978. Thus, he became properly qualified for being a Secondary School Teacher only after acquiring the B. Ed. qualification. The 1st Time Bound promotion can be granted only after completion of ten years of service in B.A. Trained Scale and therefore, the petitioner on completion of ten years from acquisition of B. Ed. qualification on 17.12.1978, was granted 1st Time Bound promotion w.e.f. 17.12.1978.