BALWANT SAHAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) MR . Pan, appearing for the petitioner, submitted that petitioner was appointed on compassionate ground on 19.7.1986 as Assistant Teacher in Government Basic School, Jora Pokhar, Singhbhum (West) and he became trained from 19.4.1995. He further submitted that petitioner having qualification of B.Sc. was allowed Matric Trained Scale from the date of his joining by the competent authority. He further submitted that in paragraph 2 ('Kha') of the Circular dated 25.6.1999 issued by the Special Secretary to the Finance Department of Government of Bihar it was clearly said that the seniority of untrained basic teacher will not be affected in any manner by not passing or not undergoing basic training. He further submitted that in paragraph 6(2) of Part 4 of Notification dated 11.11.1975 (Annexure -10) it is inter alia said that he seniority is to be counted from the date of joining. It is further submitted by Mr. Pan that if the petitioner's case for promotion is considered from the date of his joining, nobody will be affected as the persons whose names are below the petitioner in the gradation list have already been promoted. Petitioner filed writ petition being WP (S) No. 2143 of 2004 claiming that he is entitled for promotion in the Cadre of Subordinate Education Services which was disposed of on 21.4.2004 with a direction to the respondents to dispose of petitioner's representation. Thereafter by the impugned order dated 25.6.2004 petitioners representation was rejected on the ground that petitioner was appointed on compassionate ground and not from the panel prepared and approved by the District Establishment Committee and therefore he was not entitled to be considered for promotion w.e.f. his date of appointment, rather he was entitled to be considered from the date of becoming trained i.e. 19.4.1995.

(2.) COUNSEL for the State supported the impugned order.

(3.) IN the circumstances, the impugned order dated 25.6.2004 (Annexure -3) is set aside and the Director, Primary Education, State of Jharkhand (respondent No. 2) is directed to see that petitioner's case for promotion is considered from the date of his joining without affecting seniority of any other person above him in the seniority/gradation list, as early as possible and preferably within two months from the date of receipt/production of a copy of this order.