PRASENJIT ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for quashing sub-clause (v) of Clause-15 of the resolution contained in memo No. 3027 dated 14.12.2015, issued under the signature of respondent No. 1, whereby the Assistant Teachers appointed on compassionate ground have denied equitable benefits of reckoning of seniority in Grade-I from the date of their joining. Further prayer has been made to place him on higher Grade-IV post in terms of 1993 Rules upon completion of requisite length of service.

(2.) It is the case of the petitioner that he has been appointed on compassionate ground as Assistant and thereafter, he has been sent for in-service training by the respondent-Department, which he has completed successfully. It is the specific case of the petitioner that he has been appointed on sanctioned and vacant post and upon recommendation by the competent Establishment Committee. It is the further case of the petitioner that though he was untrained but possessed higher qualification of M.A. (History) and hence, he is entitled for the pay-scale of Rs. 1200-2040, which is the pay-scale of Matric Trained Teacher. It is the further case of the petitioner that the then Govt. of Bihar vide its resolution dated 05.03.1991 has taken a decision to appoint untrained teachers by relaxing the requirement of Teachers Training and while doing so, it has also been resolved that the teachers so appointed through a merit list would be sent for in-service training. Inspite of the above decision, the respondents unnecessarily delayed the matter of sending such Assistant Teachers for in-service training and due to such delay and laches on the part of the respondents, the petitioner could not be sent for training on time and it took almost 10-12 years to complete the training. Meanwhile, the Govt. vide its resolution dated 03.09.1997 took a decision to allow the untrained teachers appointed on compassionate ground having higher qualification, the scale of matric trained w.e.f. 01.01.1986 and the same has also been approved by the Finance Dept., Govt. of Bihar vide its resolution dated 08.01999. The Govt. of Bihar vide its another resolution dated 25.06.1999 has taken a decision that the seniority of the untrained Assistant Teachers would not be affected on their non-passing/ non-obtaining the basic training. Thereafter, the Govt. of Bihar vide its resolution dated 16.01.2001 has further clarified and admitted that the teachers appointed on compassionate ground and having higher qualification shall be entitled for the pay-scale of Rs. 1200-2040 payable w.e.f. 01.01.1986. It is the specific case of the petitioner that in view of aforesaid resolution, it is well settled that the Assistant Teachers are entitled for reckoning of their seniority in Grade-I from the date of their appointment instead of the date of completion of their training.

(3.) It is the further case of the petitioner that the petitioner through his association and in individual capacity has represented before respondent-authorities vide his representation dated 06.02.2016 ventilating his grievances with respect to their seniority and promotion, however, no heed has been paid to his said representation. Hence, petitioner has approached this Honourable Court for redressal of his grievances.