- (1.) HEARD the counsel for the parties.
(2.) THE petitioner earlier moved this Court in CWJC No. 3912/96(R) with the grievance that persons junior to him have been promoted to I.A. and B.A. trained scale and also to the post of Headmaster. Hence the case of the petitioner has been discriminated. This Court disposed of the said writ application on 19.8.97 with a direction to the petitioner to file representation before the District Superintendent of Education Singh -bhum West, Chaibasa who shall consider the claim of the petitioner and pass a reasoned order. Pursuant to that direction the D.S.E. Chaibasa disposed of the representation of the petitioner vide order dated 22.1.98 which has been impugned in this writ application. In para 12 of the writ application it has been categorically stated by the petitioner that the respondents, vide order dated 20.4.90 had given promotion to 31 candidates to the post of Headmaster of Middle school who all were junior to the petitioner. In para 13 also it is categorically stated that the respondents, in order to give undue benefits to those candidates, have given them promotion to I.A. and B.A. trained scale with affect from the date prior to the date when the petitioner was given promotion to I.A. and B.A. trained scale. These facts have not been specifically controverted by the respondents in the counter affidavit. The D.S.E. in the impugned order, rejected the claim of the petitioner merely on the ground that he was given matric trained scale on 11.6.1976 and I.A. trained scale on 1.4.1988 when the other candidate, namely. Harden Tripathy was given matric trained scale with effect from 1.6.1977 and I.A. trained scale with effect from 15.4.1983. No satisfactory explanation has been given in the counter affidavit or in the impugned order as to why and under what circumstance the petitioner was given I.A. trained scale with effect from 1.4.1988 when persons junior to him have been given I.A. as also B.A. trained scale with effect from the date prior to 1988.
(3.) IN that view of the matter there is no justification in rejecting the claim of the petitioner merely on the ground that he was given I.A. trained scale and B.A. trained scale after the candidates junior to him. The matter needs reconsideration by the DSE. I. therefore, direct the DSE, West Singhbhum. Chaibasa to reconsider the claim of the petitioner and if it is found that persons junior to the petitioner have been given I.A. and B.A. trained scale prior to the date when t he petitioner was given, then necessary derision may be taken for giving promotion to the petitioner in the aforesaid scale with effect from the date when other persons have been given. Consequently the benefits of further promotion to the post of Headmaster shall also be considered in the same manner as other candidates junior to him have been considered. The DSE shall take decision of giving benefits to the petitioner within 30 days from the date of receipt of a copy of this order.;