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1993 DIGILAW 457 (PAT)

Ramadhar Sharma v. State of Bihar

1993-10-13

G.C.BHARUKA, G.S.SHARMA

body1993
JUDGMENT G.C. BHARUKA & G.S. SHARMA, JJ. 1. The present writ application has been filed by the petitioner for quashing the order of Director (Secondary Education) Bihar, Patna, as contained in his letter no. 1152 dated 25.6.1992 (Annexure-6) by which he has held that keeping in view the educational qualifications on the date of appointment Shri Prasadi Singh (Respondent No. 7) has to be held as senior to the petitioner. 2. The foundational facts giving rise to the present dispute are not in controversy. The petitioner was appointed on 20.1.1969 as a Science Teacher in Government aided Higher Secondary School Tandawa (Hazaribagh) under the Higher Secondary Scheme in the scale of Rs. 220-440/. At the time of appointment his educational qualification was B.Sc. (Hons.) but he was not possessed of any teacher's training qualification. Subsequently, pursuant to the resolution of Managing Committee, as evidenced by Annexure-B to the counter affidavit filed by respondent no. 7, the petitioner was granted the scale of Rs. 275-500/- with effect from 1-12.1969 on the condition that he will acquire the teacher's training in the next session at his own cost. 3. It is also an admitted fact that Shri Prasadi Singh (Respondent No. 7) had been appointed in the Post Graduate trained scale in the school in question on 20.3.1969 and at the time of appointment his educational qualification was M.A., B. Ed. 4. It has also been admitted by the contesting parties that at the time of their appointments in the school in question there were five sanctioned posts of the Post Graduate trained scale. Such posts carrying a specific scale and a definite strength constitute a cadre in itself as is evident from the chart of pay scales placed before us (See: at page 360 of the Compendium of Important Orders and Circulars of the Bihar Secondary Education by G.P. Singh). The pay scale of Rs. 275-500/- was admissible to trained Master or Hons. Degree-holders. It means that only such persons, who were holding either the Post Graduate or Hons. Degree and had teacher's training qualification, were entitled to be appointed in the cadre carrying this scale. 5. In the present case, admittedly the petitioner, as stated above, had entered into this cadre on 1.12.1969, whereas respondent no. 7 was appointed in the cadre much earlier on 20.3.1969. Degree and had teacher's training qualification, were entitled to be appointed in the cadre carrying this scale. 5. In the present case, admittedly the petitioner, as stated above, had entered into this cadre on 1.12.1969, whereas respondent no. 7 was appointed in the cadre much earlier on 20.3.1969. It cannot be disputed that for determining inter-se-seniority of persons holding posts in a particular cadre, the date of their entry has to be taken as the basic for resolving such disputes. Accordingly, in our opinion, since respondent no. 7 had entered into the cadre of Post Graduate scale earlier to the petitioner, therefore, the respondent Director has rightly held him (respondent no. 7) to be the senior than the petitioner. The reliance placed on behalf of the petitioner on a single judge judgment of this Court in the case of Hari Shankar Singh vs. The State of Bihar being CWJC No. 4721 of 1987 disposed of on 12.2.1988 is of no avail in the facts of the present case. 6. For the reasons, as aforesaid, we do not find any infirmity in the impugned order passed by the Director (Annexure-6) and accordingly, the writ application is dismissed with costs assessed at Rs. 500/- payable by the petitioner to respondent no. 7 by a crossed Bank draft drawn in his favour within a month from today.