IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 942 of 2009
Kameshwar Singh, son of Late Krishnadeo Singh, resident
of Village - Tarwan, P.S. - Naubatpur, District - Patna
.................... Petitioner
Versus
1. The State Of Bihar through the Secretary, Human
Resources Development Department, Government of
Bihar, Patna
2. The Director, Primary Education, Government of Bihar,
Patna
3. The District Superintendent of Education, Patna
4. Dineshwar Singh, son of Late Jagdeo Singh, resident
of Village - Mouri, P.O. - Mouri, P.s. - Paliganj, Via -
Shankar, Imamganj in the district of Patna
..................... Respondents
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05. 19.09.2011 No one appears for the petitioner.
Counsel for the State is present.
Counter Affidavit and Supplementary Counter
Affidavit has been filed on behalf of the State.
Petitioner was appointed as Assistant
Teacher, Primary School, Tara Nagar, Sikariya, Anchal
– Bihta, District – Patna on 30.05.1962 and retired on
28.02.1997. Petitioner has filed this application for a
direction on the respondents to allow him B.A. trained
scale as well as the scale of Headmaster, since junior
to him has been allowed benefit of B.A. Trained Scale,
as well as Headmaster’s pay-scale.
Petitioner’s case is that he was graduate at
the time of his appointment and he was allowed B.A.
Scale. First time-bound-promotion was allowed vide
Order dated 24.11.1990. In the year 1988, a
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gradation list of Teachers had been prepared for
granting graduate trained pay-scale to the Teachers,
in which his name was at serial no. 39. One
Dineshwar Singh, who had joined service in the year
1988, much after the petitioner’s joining, as Assistant
Teacher, was allowed B.A. Trained Scale, as well as
Headmaster’s scale, but till date of his superannuation
petitioner was not allowed, there promotional
benefits.
In the Counter Affidavit filed on behalf of the
State, it has been admitted that in the year 1995,
gradation list have been prepared in terms of 1993
Promotion Rules. In the said gradation list, in the Arts
Category, petitioner’s name was recorded at serial no.
52. The promotion was to be given in the Graduate
Trained Scale, considering the vacancies in the Arts
Category. Persons up to 38 serial were given
promotion. The 1993 Promotion Rules was challenged
in L. P. A. No. 985 of 1996 / 1137 of 1996 and on
account of stay order no further action was taken.
During the pendency of the LPA, petitioner
superannuated. The LPA has been disposed of on
21.04.2009. In terms of the direction in the LPA, the
Directorate has issued letter no. 4, dated 04.01.2010.
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The decision taken by the Director is that no
promotion can be granted with retrospective effect.
Since, the petitioner has superannuated as such he is
not entitled for any promotion with retrospective
effect.
In the Supplementary Counter Affidavit, it has
been stated, due to non-availability of connected
records, the matter relating to promotion given to
Dineshwar Singh can not be verified. However, it is
admitted that the then District Superintendent of
Education, Patna had given several illegal promotions,
which were subsequently cancelled.
Considering the fact that the matter is very
old, this application is being disposed of, giving liberty
to the petitioner for filing his representation before
the District Superintendent of Education, Patna now
DEO, Patna, giving full details of his of his claim. In
case petitioner is found to be entitled for BA Trained
Scale, the respondent will pass necessary order in this
regard and will allow the petitioner, benefits of B.A.
Trained Scale. In case of his entitlement, necessary
orders must be passed within eight weeks from the
date of filing of the representation by the petitioner.
SKM (Mridula Mishra, J.)