JAGRAN LOHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In the instant writ application, the petitioners who are teachers have prayed for a direction upon the respondents to grant them Grade-I Scale from the respective dates of their joining and further Grade- II and Grade- IV after completion of more than 19 to 23 years of services. Petitioners have further prayed for grant of seniority from the date of their joining with all consequential benefits. Petitioners have also prayed for a direction upon the respondents to consider their cases and further grant them consequential benefits and promotion after preparation of the Gradation List.

(3.) The petitioners herein were untrained and were appointed on different dates on the basis of the merit list prepared after completing all legal formalities. The Director, Primary Education, Government of Bihar, by letter no. 998/95 dated 07.06.1995 took a decision to grant Grade-I Scale of the Matric Trained to the untrained teachers. However, after appointment of teachers, they were not sent for training. The appointment procedures were challenged before the Hon'ble Patna High Court and the matter went up to the Hon'ble Supreme Court, in S.L.P (C) No. 23187 of 1996 [Ram Vinay Kumar and others Vs. State of Bihar and others]. In the said S.L.P., the Supreme Court gave certain directions to the State of Bihar for sending the petitioners for in-service training. Thereafter, the Finance Department, Government of Jharkhand by Letter No. 4568 dated 05.07.2002 granted Grade-I Matric Trained Scale to these untrained teachers with effect from 01.01.1996. It was also decided that the seniority position of the petitioners shall be maintained as per the merit list prepared at the time of their appointment. However, the petitioners have been stagnated in the same scale for more than 19 to 23 years without any further up-gradation in the scale. Although the persons appointed along with the petitioners and even juniors have been promoted from Grade-I Scale to Grade-IV Scale, the petitioners have not been given even Grade-II scale. The petitioners made representations before the respondents for consideration of their cases and for grant of promotion and also for grant of suitable scale from the date of their joining but the respondents are sitting tight over the matter and have not passed any order. Being aggrieved by the same, the petitioners have approached this Court for redressal of their grievances.