IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P.(S) No.478 of 2009
Jiw Lal Mahato .... Petitioner
versus
The State of Jharkhand & Ors. .... Respondents
CORAM: HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioner : Mr. Prakash Chandra, Advocate
For the Respondents: J.C. to G.A.
-----
04/20.07.2009
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.
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.
In view of clear reasons recorded in the impugned order for not
accepting his claim, no relief can be granted to the petitioner.
This writ petition is, accordingly, dismissed.
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.
(Narendra Nath Tiwari,J.)
s.b.