BIJAN KUMAR DUTTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the aforesaid writ petition, the petitioner has interalia prayed for quashing of the impugned order dated 28.10.2003 (Annexure-10) pertaining to the rejection on the claim of the petitioner for grant of B.A. Trained scale with effect from Oct., 1978 i.e. passing of the requisite qualification i.e. B.A. Trained scale or at least with effect from 06.03.1987 and petitioner has further prayed for promotion to the post of Head-master since similarly situated persons namely Surendra Mahto and Kano Kishore Mahto being junior to the petitioner have already been given B.A. Trained scale with effect from 1987 and also has been promoted to the post of Headmaster.

(2.) Mr. Deepak Kr. Dubey, learned counsel for the petitioner has assailed the impugned order dated 28.10.2003 on the ground that the same has been passed not in right perspective because the petitioner has been subjected to hostile discrimination. Learned counsel for the petitioner further submits that the impugned order vide Annexure-10 to the writ petition has been passed not in accordance with law the order passed in C.W.J.C

(3.) Counter-affidavit has been filed on behalf of respondents wherein it has been submitted that the rules governing service conditions of the teacher enumerated in letter dated 15.12.1976 vide Annexure-A to the counter-affidavit. Further revised guidelines to service conditions for appointment and promotion of the teachers have been issued which is annexed as Annexure-B to the counter-affidavit. It has further been submitted that bifurcation of the unified State of Bihar the State of Jharkhand adopted the Elementary School Teachers Promotion Rules, 1993 and in the year 2015 issued a resolution dated 14.12.2015 letter of the service promotion of the untrained teachers appointed in the year, 1987, 1988 and 1994 vide Annexure-D to the counter-affidavit.