NIDHU SINGH SARDAR Vs. STATE OF JHARKHAND THROUGH SECRETARY, SCHOOL EDUCATION & LITERACY DEPARTMENT, GOVT OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In the instant writ application, the petitioners who are teachers have prayed for a direction upon the respondents to grant them Grade-I Scale from the respective dates of their joining and further Grade- II, Grade- IV and Grade - VII after completion of more than 16 to 22 years of services. Petitioners have further prayed for seniority from the date of their joining with all consequential benefits. Petitioners have also prayed for a direction upon the respondents to consider their case and further grant them consequential benefits and promotion after preparation of the Gradation List.

(3.) The petitioners herein were untrained and were appointed on different dates on the basis of the merit list prepared after completing all legal formalities. The Director, Primary Education, Government of Bihar, by letter no. 998/95 dated 07.06.1995 took a decision to grant Grade-I Scale of the Matric Trained to the untrained teachers. However, after appointment of teachers, they were not sent for training. The appointment procedures were challenged before the Hon ble Patna High Court and the matter went up to the Hon ble Supreme Court, in S.L.P (C) No. 23187 of 1996 [Ram Vinay Kumar and others Vs. State of Bihar and others]. In the said S.L.P., the Supreme Court gave certain directions to the State of Bihar for sending the petitioners for in-service training. Thereafter, the Finance Department, Government of Jharkhand by Letter No. 4568 dated 05.07.2002 granted Grade-I Matric Trained Scale to these untrained teachers with effect from 01.01.1996. It was also decided that the seniority position of the petitioners shall be maintained as per the merit list prepared at the time of their appointment. However, the petitioners have been stagnated in the same scale for more than 16 to 22 years without any further up-gradation in the scale. Although the persons appointed along with and junior to petitioners have been promoted from Grade-I Scale to Grade-IV Scale, the petitioners have not been given even Grade-II scale. The petitioners made their representations before the respondents for considering their cases and for grant of promotion and also for grant of scale from the date of their joining but the respondents have not passed any order. Being aggrieved, the petitioners have approached this Court.