TAPEN SEN,J. - (1.) Heard. The facts involved in this case are similar to C.W.J.C. No. 2952 of 1995(R), C.W.J.C. No. 2692 of 1995(R), C.W.J.C. and No. 2820 of 1995(R).
(2.) THE petitioners are aggrieved by the order dated 8.9.1995 (Annexure 10) by which the promotion granted to the petitioner has been cancelled. They have also prayed for quashing of the order dated 11.8.1995 (Annexure -9) by which the promotion granted to the petitioners on the basis of I.A. Trained Scale has been cancelled and they have been directed to join at their original place of posting. The petitioners have also prayed for writ of mandamus commanding upon the respondents to give effect to the promotion order dated 22.7.1995 and confirm the writ petitioners on I.A. Trained Scale with effect from 1.12.1989 with all monetary benefits etc. According to the petitioners, they were appointed on Matric Trained Scale and they also passed I.A. on various dates, the details whereof have been given at paragraph 4 of the writ application. A chart has also been annexed as Annexure 1 showing the dates of joining of the petitioners and the dates on which they were given Matric Trained Scale and the dates on which they passed I.A. Their further case is that all of them passed I.A. Examination prior to 1985 except the petitioner Nos. 2 and 5 was passed the same in the year 1985 itself. According to the case of the petitioners, they are all eligible for promotion to the I.A. Trained Scale with effect from the dates of passing but they were denied the said privilege and were made to work on the Matric Trained Scale. Their further case is that all of them were eligible to be promoted prior to 1.12.1985 as they had passed the I.A. Examination prior to that date. By Annexure 2, the Secretary -cum -Commissioner, Department of Human Resources, by his order dated 20.12.1989 directed all Deputy Commissioner to take all possible steps for promoting such teachers before 12.2.1990 and even prior to the said order, many orders/letters had been issued by the Department of Education for considering the case of promotion of such teachers who were given a low scale although they were having higher qualification. By way of an example petitioners have annexed Annexure 3 which is a letter issued by the Special Secretary to the Government of Bihar, directing the concerned authority to consider the case of teachers and promote them with effect from the date they passed the I.A. examinations.
(3.) THE petitioners have further stated that the Director, Primary Education, Government of Bihar, Patna as also the Regional Deputy Director of Education, South Chotanagpur Division, Ranchi (respondent Nos. 2 and 3) by their letters dated 22.12.1992 and 15.5.1991, directed that necessary steps be taken for promotion of these teachers to higher scales if they had such higher qualification. According to the petitioners, it was also resolved in the year 1993 -94 that necessary steps will be taken to promote the aggrieved teachers to the I.A. Trained Scale. In support of the aforesaid contention, the petitioners have annexed Annexure 3, 4, 4/A, 5 and 5/A to the writ application.;