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Jharkhand High Court · body

2001 DIGILAW 359 (JHR)

Kedar Sinku v. State Of Bihar

2001-06-06

M.Y.EQBAL

body2001
ORDER The Court 1. Heard the parties. 2. The grievance of the petitioner is that although he became eligible for getting I.A. trained and B.A. trained scale in the year 1980 and 1983 respectively, respondents nave denied the case of the petitioner for giving promotion to LA. trained and B.A. trained scale. 3. The case of the petitioner is that he was appointed as Assistant teacher in 1968 and he was given Matric trained scale in 1972. Petitioner Passed I.A. examination in 1979 but he was given I.A. trained scale with effect from 1988. The grievance of the petitioner is that till date he was not given B.A. trained scale. 4. In the counter-affidavit filed by the respondents, the stand taken by them is that the name of the petitioner was not sent to the National Informatic Centre as he did not furnish the details and filled requisite form. It is stated that I.A. trained scale and B.A. trained scale are given as and when vacancy arises and according to the seniority of the teachers. 5. So far non-granting of B.A. trained scale is concerned. I am of the opinion that the stand taken by the respondents is without any basis. In para 16 of the writ application, it has been categorically stated that the respondents by letter dated 19.12.95 directed the petitioner to appear before him with all the documents and testimonials for the purpose of giving promotion in B.A. trained scale. In compliance of that petitioner said to have furnished all the details. This paragraph has not been specifically controverted in the counter- affidavit. As a matter of fact, there is no parawise reply in the counter- affidavit. It has not been disputed that many teachers Junior to the petitioner have been given B.A. trained scale. 6. In that view of the matter it is clear that the instant case is squarely covered by the order passed by this Court in CWJC No. 1282/97R In any view of the matter petitioner will be entitled to get B.A. trained scale atleast with effect from December, 1985. This writ application is therefore allowed in part and the respondents are directed to take suitable steps to promote the petitioner in the B.A. trained scale atleast with effect from December, 1995. 7. Writ allowed in part.