Basant Ram, Son Of Sri Parichhan Ram And Bali Ram Choudhary, Son Of sri Ram Lakhan Choudhary v. State Of Bihar Through The Director (Primary Education)
2010-03-05
JAYANANDAN SINGH
body2010
DigiLaw.ai
JUDGEMENT Jayanandan Singh, J. 1. Heard learned Counsel for the petitioners, learned Counsel for the State and learned Counsel for respondent Nos. 4 to 7. 2. Petitioners of this case are, primarily, aggrieved by the promotion granted to respondent Nos. 4 to 7. 3. It is submitted that petitioners and private respondents were appointed as Assistant Teachers in Matric trained scale and the petitioners were senior to respondent Nos. 4 to 7 in the panel. Subsequently, respondent Nos. 4 to 7 acquired qualification of I.Sc. and on the basis of having acquired the qualification of Intermediate in Science Stream, they got their promotion in I.Sc. trained scale. Thereafter the respondents changed the stream again and they did graduation in arts and they got promoted in B.A. Trained Scale on the basis of their promotion in I.A. trained scale. Petitioners object to this grant of benefits to the private respondents on account of change of stream. 4. However, learned Counsel for the petitioners fairly admits that in the light of the authoritative pronouncement of the Full Bench of this Court in the case of Ram Nath Prasad Singh and Ors. v. The State of Bihar and Ors. reported in 2009 (3) PLJR 384 , the cases of the petitioners and private respondents have to be considered afresh for separate promotion in the arts stream and science stream for grant of graduate trained scale. Therefore, he submits that the writ application may be disposed of with direction to the respondent-District Superintendent of Education, Vaishali to consider the case of the petitioners as well as private respondents for preparing the final panel for grant of graduate trained scale to them in terms of the said orders of the Full Bench, taking into account the grievances of the petitioners, as noticed above, preferably, within a period of six months. He also submits that, those who are not held entitled for graduate trained scale in terms of the orders of the Full Bench of this Court, will have to be reverted back, which is quite obvious. 5. The writ application is, therefore, disposed of with the aforesaid observations and directions.