FULGENCE TOPPO Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner after filing of the writ application has superannuated from the post of Incharge Headmaster on 31st May, 2005. He was appointed in the year 1968 as an I.A. untrained teacher and was sent for two years teachers' training. He was declared successful on 25.08.1971, thereafter, granted matric trained scale with effect from 1.4.1972. He was granted I.A. trained scale with effect from 4.7.1977 vide letter dated 11.10.1979 and consequent revised scale thereafter. He got the benefit of Junior Selection Grade with effect from 19.05.1981 vide letter no. 2613 dated 22.06.1990. In the present writ application, his grievance was for grant of B.A. trained scale due from 1.4.1987 and promotion to the post of Headmaster w.e.f. 1.4.1992 alleging that the persons juniors to him have been promoted. Annexure-4 is the office order of promotion issued by the District Superintendent of Education, Palamau dated 22.06.1990, in which the petitioner alleges that certain persons named at serial nos.3,5,6,8 and 10 in the Scheduled Tribes category as Headmaster have been granted B.A. trained scale w.e.f. 1.4.1987. Annexure-5 is the office order issued in Aug. 2000, in which allegedly persons below in the gradation list of the Scheduled Tribes category at serial nos. 5,6,7 and 8 have been promoted as Headmaster w.e.f. 1.4.1992.

(3.) During the pendency of the writ petition, the petitioner has been granted grade III scale w.e.f. 1.4. 1998 which is equivalent to B.A. trained scale. The petitioner has been given promotion in Grade IV scale with effect from 01.04.1999 vide Memo No. 1485 dated 19.10.2009 at Annexure-C to the counter affidavit. These orders granting Grade III and Grade IV scale have been issued by the District authorities of Latehar.