SUKHDEO MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the accompanied writ application, the petitioners have inter alia prayed for direction upon the respondents to grant forthwith I.A. trained scale and B.A. trained scale to the petitioners from the date persons juniors to them have been granted such benefit i.e. with effect from 01.04.1984 with all consequential benefits and; further prayer has been made for direction upon the respondents to grant promotion on the post of Headmaster since persons junior to them have been granted promotion after extending benefit of I.A trained and B.A. trained scales.

(2.) The facts, in brief, is that petitioner no. 1 was appointed as Matric Trained Teacher vide memo dated 28.10.1972 whereas petitioner no. 2 was initially appointed as teacher in Matric untrained scale and after completion of training, he was given Matric trained scale as on 13.05.1970. It has further been averred that by passage of time, petitioner no. 1 passed his I.A. examination on 20.10.1975 and B.A. examination on 3.7.1979 from Ranchi University and he was given benefit of 1st time bound promotion w.e.f 04.01.1998 and completed his training on 26.08.1972 whereas petitioner no. 2 passed his I.A examination on 09.11.1974 and B.A examination on 28.06.1978 from Ranchi University and he was given benefit of time bound promotion w.e.f. 20.11.1985 and completed his training on 211969.

(3.) It has further been averred that when the petitioners were not given I.A. and B.A trained scale and persons juniors to them have been extended such benefit, they knocked the door of this Court by filing C.W.J.C No. 3014 of 1998(R), which was disposed of vide order dated 08th August, 2002 with a direction to the respondents to consider the representations of the petitioners taking into account statement made in paragraph 32 of the counter affidavit, in which, the respondents had made a statement that District Establishment Education Committee in its next meeting shall put up the matter of petitioners and after scrutinizing, if it is found that the B.A. trained teachers, who have been given promotion, are junior to the petitioners, then only their claim will be entertained. Pursuant thereto, the petitioners submitted representation, but when it did not evoke any response, the petitioners again moved this Court by filing Cont. Case (C) No. 613 of 2004, in which by way of filing show cause affidavit, the contemnor brought on record the fact that the District Establishment committee in its meeting held on 27.11.2004 found the petitioners senior to teachers mentioned in list-2, having the qualification to be given B.A. trained scale w.e.f 1.4.1984, however, it was decided to find out vacancy position in B.A. trained scale as on 1.4.1984 in the district of Dhanbad. Accordingly, the contempt proceeding was dropped vide order dated 02.07.2005 observing the impugned order has been substantially complied with.