Tapen Sen, J. - (1.) Heard Mr. Saurav Arun, learned counsel for the petitioner and Mrs. Ritu Kumar, learned G.P. -IV.
(2.) By this writ application, the petitioners have prayed for quashing the order dated 26.8.1995 as contained at Annexure -4 to the writ application and has sought for a direction upon the respondents to promote them in the B.A. Trained Scale as per the gradation list as contained at Annexure -3. The petitioners have further prayed that the respondents be directed to treat them as senior to those teachers who have been working in Matric Trained Scale notwithstanding the rule of 1993.
(3.) The facts of this case as stated in the writ application are that the petitioners have all been working as teachers in different school in the district of Palamau and Garhwa in the I.A. Trained Scale. According to them, the petitioner Nos. 1 to 15 were all appointed in the I.A. Trained Scale in the years, 1977 and 1981 while the petitioner Nos. 16 and 17 were appointed in the year, 1973 in the Matric Trained Scale and they were subsequently promoted to the I.A. Trained Scale in the year, 3 975. In the counter affidavit also the respondents at paragraph 6 have stated that all the petitioners were appointed directly on the I.Sc. (Trained) Scale but, there is no provision of direct appointment in the said scale because the teachers must first be appointed in the Matric Trained Scale and after obtaining higher qualification and after consideration of the gradation list and availability of vacant posts, they can be considered for promotion in the I.A. Trained Scale. There is no dispute however, that the appointment of all the petitioners in the LA. Trained Scale save and except the petitioner Nos. 16 and 17 who were appointed in the Matric Trained Scale were ever challenged or terminated on the ground that they had been appointed directly. The rest of the petitioners i.e. petitioner Nos. 18 to 24 were all appointed in the I.A. Trained Scale in the years, 1973 and 1977 and 1981. The places where the petitioners have been working are mentioned at paragraph 5 of the writ application.;