BENI MADHAW YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner has approached this Court with a prayer for quashing Clause (v) of Rule 15 of the Govt. Resolution/Policy Decision, contained in Memo No. - 8/vi. 1-281/2007/3027 Ranchi dated 14.12015, issued under the seal and signature of the Secretary, School EducationLiteracy Department, Govt. of Jharkhand, wherein it is mentioned that the teachers appointed on compassionate ground will not be given the similar benefits as indicated in clause (i)(ii) of Rule 15. Petitioner has further prayed for a direction upon the respondents to grant Grade I from the date of their respective joining and further

(3.) The facts of the case in short is that petitioner had been appointed as Assistant Teachers upon the recommendation of the District Compassionate Establishment Committee on sanctioned and vacant post and there had been no legal impediment with respect to his appointment where he had continued uninterruptedly and continuously. Petitioner, while being in service, had augmented his career after taking due permission. He had also undergone and passed in service Teachers' Training Examination. In view of Circular/Letter of the Government, dated 11.11.1975, seniority of a Teacher shall not be affected in any manner by not passing or not undergoing basic training and hence, petitioner is entitled for recknoing his seniority from the date of his joining and not from the date of his passing the Teachers' Training Examination. Due to wrong stand of the respondents regarding counting of seniority, petitioner and several others who had completed requisite length of service and are eligible, are not being promoted in appropriate scale.