HARILAL PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Having lost before learned Single Judge by the impugned judgment dated 2nd September, 2009 passed in W.P. (S) No. 6922 of 2005, the writ petitioner is the appellant before this Court in the present appeal. Petitioner approached the Writ Court for grant of promotion in the Senior Grade alleging that juniors have been granted such promotion. He further prayed for consideration of his case for seniority from the date of his appointment as Assistant Teacher with effect from 16th November, 1972 and for arrears of pay and consequential benefit, to which he would be entitled.

(3.) As the facts on record reveal, petitioner was appointed on 3rd November, 1972 as Assistant Teacher in the Government Girls Middle School, Borio in the District of Sahibganj on Matric Untrained Scale. As per the terms of the appointment letter, he was required to obtain Teachers' Training Qualification. Petitioner's refrain that he was left out when the others similarly situated were sent for training. He passed Intermediate in 1975 and obtained Graduation in 1978. It was only in the Sessions 199293 that he was sent for training by Regional Deputy Director of Education, Santhal Pargana, Dumka, the results of which were published on 16th August, 199 In the gradation list published for the District of Sahebganj on 24th February, 2005, petitioner's case was not considered as he got Matric Trained Scale only with effect from 16th October, 1993 after acquiring Teachers Training qualification. He cited example of one or the other persons, who were wrongly placed in the gradation list though had acquired training after him such as Mohan Ravi Das. He also complained that several others, who were appointed after him, were sent for teachers training in the earlier Sessions though petitioner was not relieved for obtaining the training.