DEONARAYAN PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) IN the present writ petition, the petitioner has challenged the order as contained in Annexure -15 dated 09/12/1996, passed by the Director, Secondary Education, Bihar by which, the representation filed by the Respondent No. 5 - Smt. Shyamali Chatterjee has been allowed and she has been declared senior to the present Writ Petitioner - Deonarayan Prasad Sinha after holding that the Managing Committee of the School wrongly, by ignoring the rules and regulations, granted the selection grade to Deonarayan Prasad Sinha, which he was not entitled to since he obtained teachers' training on 01.08.1981 and, therefore, he became entitled to those benefits only after he obtained the Teachers' Training i.e. from 01.08.1981 whereas, Smt. Shyamali Chatterjee was already a Trained Graduate at the time of her appointment i.e. on 11.04.1978 and, therefore, she is senior to Deonarayan Prasad Sinha. The Director, by the said order, asked the Managing Committee to fix the seniority of the respondent No. 5 over the petitioner and, thereafter, to give consequential benefits to the respondent No. 5 and further directed that the payment made to the petitioner in excess by virtue of giving wrong pay scale, should be recovered from him.

(3.) THE Managing Committee of the School gave the selection grade to the writ petitioner after he obtained the teachers' training. With effect from 02.10.1981, he was given Junior Selection Grade and w.e.f. 02.10.1984, he was given Senior Selection Grade.