SURESH PRASAD BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of an appropriate writ, order or direction to quash the order dated 16.09.2002, passed by the Commissioner, Santhai Parganas, Dumka (respondent No. 2) whereby the claim of the petitioner for extending him the Graduate Trained Scale with effect from 01.04.1985 and Post -Graduate Scale of the post of Headmaster with effect from 16.03.1996, was rejected.

(2.) THE brief facts, as submitted by the petitioner, are set out as under: An advertisement was published to the effect that all eligible persons, who had earlier applied against the post of Teachers Unit for the District of Santhai Parganas and were found suitable after appearing in an interview by the Committee so constituted and had also completed the Training Course but were not able to pass the examination because of non -holding of examination were to be appointed. Accordingly, 21 Assistant Teachers, including the petitioner, who had completed the Training Course but had not passed the examination, were appointed on 16.04.1980. The petitioner joined the post of Assistant Teacher on 24.04.1980. The petitioner passed the Teachers Training Examination, held by the School Examination Board on 25.11.1980 and in terms of appointment letter dated 16.04.1980 was entitled to Intermediate Trained Scale with effect from 01.03.1981 itself. Pursuant to a decision vide letter Nos. 4169 and 4170 dated 05.12.1979, an office order was issued on 07.04.1983 and the petitioner was given Intermediate Trained Scale with effect on 01.03.1981. The petitioner after obtaining due permission appeared at the B.A. Examination from Bhagalpur University and passed the same in the year, 1983. The petitioner, thereafter, did the Master Degree in Political Science and appeared at the M.A. Examination of 1992, which was held in February, 1995 and was declared pass in M.A. (Political Science) Examination, 1992 in 2nd Class. In the gradation list of the Primary School, so prepared, the petitioner was placed at serial No. 36 as Intermediate Trained Teacher and the names of one Surya Prasad Mandal (respondent No. 4) and Lakshmi Kant Thakur (respondent No. 5) were placed at serial Nos. 41 and 42 respectively and the said gradation list remained intact till 1989. In the year, 1990 the Department of Primary Education, Government of Bihar, prepared another gradation list and the petitioner's name appeared at serial No. 37 whereas the names of respondent Nos. 4 and 5 were placed at serial Nos. 43 and 46 respectively. It is also contended that the said gradation list was never challenged at any point of time. According to the petitioner, since he had achieved Graduation in 1984 and Post -Graduation in 1995 he was entitled to higher scale of B.A. Trained and M.A. Trained as per the decision of the State Government vide Notification No. 2060 dated 15.09.1981. According to the petitioner, a fresh gradation list was to be prepared for such candidates, who had obtained or enhanced their qualification, for the purposes of giving higher pay scale in accordance with the seniority. The petitioner further contends that the District Superintendent of Education erroneously applied the provisions of Take Over Primary Teachers Promotion Rules, 1993 and gave promotion to respondent Nos. 4 to 6 with effect from 20.11.1968 for LA. Trained Teacher. The District Superintendent of Education, Dumka, issued Notification No. 567 dated 16.03.1996 vide which respondent Nos. 4 to 6 were promoted in B.A. Trained Scale. However, the name of the petitioner was not included anywhere in the serial list and by the same order the District Superintendent of Education promoted 23 other Teachers in the B.A. Trained Scale of Headmaster. The petitioner preferred appeal before respondent no.2, challenging the illegal preparation of gradation list and giving M.A. Trained Scale of Headmaster to juniors, ignoring the rightful, claim of the petitioner. The petitioner, thereafter, filed a writ petition being C.W.J.C. No. 3247 of 1998, challenging the order dated 16.03.1998 before the Hon'ble Patna High Court and for extending him the B.A. Trained Scale and P.G. Trained Scale of Headmaster, which was given to junior Teachers i.e. respondent Nos. 4 to 7. The petitioner also gave the detail facts about the contesting respondents with regard to their dates of appointment and the dates on which they achieved B.A. and M.A. Degree. The Hon'ble Patna High Court vide its order dated 13.09.2002 directed to reconsider the claim of the petitioner. It also permitted to file a separate appeal vis -a -vis respondent Nos. 6 and 7. Respondent no.2 vide its impugned order dated 16.09.2002 dismissed the appeal being Misc. Appeal No.5 of 2000 -01 and also the Misc. Service Appeal No. 7 of 2000 -01, which is sought to be challenged in this writ petition.

(3.) ACCORDING to the respondents, the petitioner was not liable for promotion and not entitled for grant of Graduate Trained Scale and the name of the petitioner was at the appropriate place in the gradation list.