SIKANDER ALI Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing officer order dated 23.01.2007 whereby promotion given to the petitioner on the post of Head Master vide memo dated 31.08.2004 has been cancelled.

(2.) The facts, as delineated in the writ application, in a nutshell is that initially the petitioner was appointed as Assistant Teacher in Matric Trained Scale on 30.11.197 Thereafter, the petitioner was given I.A trained scale on 01.04.1976 and B.A. trained scale w.e.f 1.04.1981 vide office order dated 18.11.1987. But some persons junior to the petitioner were granted B.A trained scale w.e.f 1.4.1980; the petitioner aggrieved thereof represented before the authorities concerned, who after considering the representation of the petitioner found the claim of the petitioner genuine and accordingly vide corrigendum dated 27.4.1998, it was made effective from 01.04.1980. It has further been averred that in the meantime, in pursuance of decision of the District Education Establishment Committee, some juniors, namely Mr. Umesh Prasad Yadav and Murli Manohar Mishra were promoted to the post of Head Master, and the petitioner has been denied promotion to the said post. The petitioner aggrieved thereof, represented before the respondents-authorities, on which, the District Establishment Committee recommended to grant promotion to the petitioner on the post of Head Master vide order dated 30.10.2000. Accordingly, the petitioner was promoted on the post of Head Master notionally w.e.f 01.04.1983 and posted as Head Master in Urdu Kanya Madhya Vidyalaya, Kalipara, the date from which the juniors to the petitioner have been promoted. Thereafter the petitioner was also granted senior scale of pay vide memo dated 07.04.2001 since the juniors to the petitioner have been granted.

(3.) But, all of a sudden, the then District Superintendent of Education issued show cause notice dated 05.07.2002 to the petitioner stating therein that under what condition, he has been posted as Head Master of Urdu Kanya Madhya Vidyalaya, Kalipara since the post of Head Master is not sanctioned for that school. In response thereof, the petitioner submitted his detailed reply annexing all relevant documents, but the respondent-D.S.E being dissatisfied with the reply passed order dated 17.08.2002 whereby promotion granted to the petitioner was cancelled. Being aggrieved, the petitioner knocked the door of this Court by filing W.P. (S) No. 5219 of 2002, which was disposed of vide order dated 02.06.2003 with a direction to respondents to consider the case of the petitioner for promotion with effect from the date he was eligible or junior was so promoted. But, when no order was passed, the petitioner preferred Cont. Case (Civil) No. 861 of 2003 and during pendency of the contempt petition, the petitioner was granted promotion, with certain conditions. But, thereafter the respondents purposely set up an enquiry as to whether the petitioner has been given promotion under 1993 Rules or else, which resulted in issuance of memo dated 201.2007, whereby promotion given to the petitioner on the post of Head Master was cancelled.