TAPEN SEN, J. - (1.) HEARD Mr. M. M. Sharma, learned counsel for the petitioner and Mr. Azimuddin, learned JC to the GP I for the State -respondents.
(2.) THE petitioner in the instant case has challenged the validity of Annexure 9 which is the order dated 23.3.1998 and which has been passed pursuant to the order dated 24.11.1997 passed in CWJC No. 1284 of 1997(R). In the aforementioned Writ Application, the Petitioner 'sgrievance was that in spite of the fact that he was senior to very many teachers, yet he was not being granted necessary promotion nor being given appropriate scales and consequently, he prayed for issuance of a Writ of Mandamus. The case of the petitioner right from the beginning is that he was appointed as an Assistant Teacher on 28.5.1976 in a regular pay scale. He was transferred in the year 1982 from a primary school to a Middle School and in the year 1990 he was given I.A. Trained Scale with effect from 1.4.1988. The claim of the petitioner is that he should be given the scale from 1.4.1983 and he should be given B.A. Trained scale from 1987. He also claims promotion on the post of Head Master.
(3.) SINCE the respondents were not considering his case, the petitioner filed the aforementioned Writ Application and the same was disposed off on 24.11.1997 with a direction that in the event the petitioner filed a detailed representation, the District Superintendent of Education would look into the grievances of the petitioner and would pass an order in accordance with law. According to Mr. Sharma, the respondents thereafter passed the impugned order but repudiated the claim of the petitioner on grounds which were not made applicable in the case of other persons who are junior to the petitioner. At paragraph 15 of the Writ Application, the petitioner has stated thus: '' "15. That it is further stated that though the petitioner 'sname in the said gradation list of I.A. trained teacher was placed at serial No. 4 which was prepared for the purpose of granting B.A. trained scale for back in the year, 1994 but the petitioner was deprived of the said B.A trained scale while several juniors were granted B.A. trained scale with effect from March and April, 1987. For brevity and sake of convenience a chart of such persons who were similarly situated and absolutely juniors to the petitioner were granted B.A. trained scale is beina aiven hereunder: '' Name D/A M.T. I.A. Trained B.A. Trained H.M. 1. Majendra Jarika 11.6.1997 11.6.1976 1.4.1983 1987 18.6.1996 2. Chandra Mohan 8.10.1976 8.10.1976 1.4.1983 10.3.1987 18.6.1996 Purty 3. Chandra Mohan 23.10.1976 1.6.1977 15.4.1983 7.3.1987 Mahto 4. Jagdish Mahto 1.6.1977 1.6.1977 11.4.1983 4.3.1987 20.4.1990;