JIW LAL MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for quashing the order dated 16.10.2008, whereby the petitioner's claim for promotion has been rejected by the District Superintendent of Education, Giridih. The grievance of the petitioner is that he is an Arts Trained Graduate and is entitled to get pay -scale of trained graduate from the date he has passed B.A. Examination. After passing the said examination, he had represented before the concerned authority, but his claim was not considered. Thereafter he preferred the writ petition before this Court being W.P.(S) no. 6224 of 2007.

(2.) THE said writ petition was disposed of by order dated 1.7.2008 directing the District Superintendent of Education, Giridih to consider the petitioner's claim and take final decision within a period of eight weeks. By the impugned order dated 22.10.2008 -Annexure -15, the District Superintendent of Education, Giridih has taken decision. The petitioner's claim has been denied for the time being on the ground that he is a trained Arts graduate and, according to the present vacancy position, claim for promotion is not tenable. The grievance of the petitioner that promotion has been given to other teachers and he has been discriminated against is unfounded as those teachers are science graduate and they have got separate gradation list.

(3.) IT is made clear that the dismissal of the writ petition shall not be an impediment in giving promotion to the petitioner at the appropriate time on the availability of the vacancy.