S.J.MUKHOPADHAYA, LAKSHMAN URAON, JJ. - (1.) THE writ petitioner -appellant Vijay Choubey was appointed as an Assistant Teacher on 3rd April, 1973 and having passed graduation in 1974 became a trained graduate. However, he having not promoted to higher B.A. trained scale of pay moved before this Court in C.W.J.C. No. 2800/1995 (R) (Vijay Choubey v. State of Bihar) for direction on respondents to grant B.A. trained scale w.e.f. December, 1974 i.e. from the date he passed B.A. examination.
(2.) IN the said writ petitioner the grievance of the appellant was that juniors to him had been granted promotion to higher grade. A Bench of this Court vide order dated 18th October, 1995 disposed of the writ petition and directed the D.S.E., Palamau to take up the matter before the appropriate Committee for consideration and final decision. Thereafter, the respondents on consideration of case rejected the claim of appellant, Vijay Choubey, communicated vide memo No. 2080, dated 17th August, 1996. Aforesaid order was again challenged by appellant in C.W.J.C. No. 3851/1996 (R). In the said case learned single Judge vide impugned order dated, 16th September, 1997 and being satisfied with the stand taken in the counter - affidavit and grounds shown In the order, dismissed the writ petition.
(3.) IT appears that the appellant Vijay Choubey shown examples of number of persons promoted B.A. trained scale (Head Master). They were alleged to be juniors to him. The respondent vide impugned order dated 17th August, 1996 made it clear that except 4 teachers placed at Serial Nos. 1, 2, 11 and 12 rest being Science Teachers, the appellant cannot claim seniority over them.;