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2006 DIGILAW 191 (PAT)

Saheb Prasad Singh v. State of Bihar

2006-02-23

body2006
ORDER 1. Heard counsel for the parties. 2. The order, as contained in annexure 1, issued vide memo no. 4256 dated 12.11.1999 is under challenge. 3. By the order impugned, the claim of the petitioner for grant of B.A. trained scale and for promotion to the post of Headmaster has been declined. 4. It appears that the petitioner had earlier approached this Court in C.W.J.C. No. 11502 of 1996, which was disposed of with a direction to represent his case and pursuant to his representation, the order, as contained in annexure 1, was passed. 5. It is submitted by learned counsel for the petitioner that before take over of the school, the name of the petitioner was shown above many persons in the gradation list prepared by the Municipal Corporation and the persons below were promoted and therefore, the petitioner was entitled for B.A. trained scale and also for promotion to the post of Headmaster. 6. The matter, which had come earlier, at the behest of the petitioner before this Court, was not decided on merit not the petitioner at any point time challenged the computerised gradation list after taking over of the school in question. 7. From the materials on record and specially in view of annexure 1, it is manifest that after take over of the schools a computerised gradation list was prepared, where name of the petitioner was shown at serial No. 176 and the persons up to Serial No. 46 were given B.A. trained scale and they were promoted to the posts of Headmaster. 8. This fact is almost admitted. However, the petitioner wants the benefit as per the gradation list prior to preparation of the computerised gradation list. 9. Since the computerised gradation list was prepared after taking over of the school in question, cases of promotion of the persons would be governed strictly in accordance with the gradation list so prepared. 10. It is not the case of the petitioner that the persons shown below him, that is, below Serial No. 176, have been given B.A. trained scale and have been promoted to the post of Headmaster. 11. In this view of the matter no case has been made out by the petitioner for interference and in view of the fact that the persons up to Serial No. 46 have been promoted, in my opinion, no interference, whatsoever, is required in the matter. 12. 11. In this view of the matter no case has been made out by the petitioner for interference and in view of the fact that the persons up to Serial No. 46 have been promoted, in my opinion, no interference, whatsoever, is required in the matter. 12. For the reasons, therefore, I find no merit in this application. It is, accordingly, dismissed.