- (1.) THE petitioner claims graduate trained scale on having the qualification of BA as she is still continuing in the Matric trained senior scale in grade 2 as an assistant teacher, who has joined in the year 1976 itself. According to the petitioner, after her appointment, she was granted Matric trained scale with effect from 23rd May,1984 and thereafter granted senior scale of Matric trained with effect from 23rd May,1996 vide Annexure 5. She is at the verge of retirement and has not yet been considered for grant of promotion under Bihar Taken Over Elementary School Teachers Promotion Rules,1993 either to grade 3 or to Grade 4 in terms of Rule 5 of the said Rules, although she fulfills the necessary eligibility criteria.
(2.) THE respondents have appeared and filed their counter affidavit and supplementary counter affidavit. According to them, in the year 2012 there are total number of 183 vacant posts of trained Arts Graduate teachers and 61 vacant posts of trained Science Graduate teachers totaling 244 posts in the district of West Singhbhum. However, the respondents case is that as per the promotion Rules,1993 teachers working in grade 3 are eligible for promotion to grade 4, if the vacancies still exist and teachers in grade 2 can only be considered, if they have eligibility to be promoted to grade 4 in terms of Promotion Rules. Moreover, if the vacancies exist, according to the seniority, the case of the petitioner can be considered. This affidavit, however, does not clarify the position of the petitioner's eligibility for being considered for promotion to the higher grade 3 or grade 4 on the existence of the vacancies indicated in the supplementary counter affidavit. In these circumstances, the petitioner is allowed to approach the District Superintendent of Education, West Singhbhum, respondent no.4, with a fresh representation for consideration of his case for promotion to grade 3 or grade 4, as may be under the Promotion Rules of 1993 together with all facts and supporting documents within a period of three weeks. In case such a representation is made before the respondent no.4, he shall consider the same in accordance with law, promotion Rules of 1993 and the seniority of the teachers in the cadre in the Primary School in the said district and if the vacancy is available in the said cadre and take a decision by passing a reasoned order within 12 weeks thereafter, which shall also be communicated to the petitioner. If the petitioner is found to be entitled for such promotion then same should be granted and arrears of salary should be paid thereafter within a period of six weeks.
(3.) WITH the aforesaid observation and direction, this writ petition stands disposed of. Show cause is accepted. I.A.No.1974 of 2012 also stands disposed.;