Rongon Mukhopadhyay, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the memo No. 770 Ranchi dated 6.3.2010, issued by the respondent No. 2, whereby and whereunder, the claim of the petitioner for grant of selection scale has been refused.
(2.) THE petitioner was appointed as an assistant teacher in science group by the Managing Committee, Barjoreji Badshah Memorial High School Barma Mines, East Singhbhum and the petitioner joined on the said post on 1.8.1965. The school was granted recognition w.e.f. 1.1.1965 vide letter as contained in memo No. 518 Pat dated 2.2.1966 by the Secondary Education Parishad, Bihar, Patna. Initially the petitioner was untrained, but subsequently the petitioner had obtained Diploma in Education on 17.2.1972. All the recognised secondary schools have been taken over by the State Govt. w.e.f. 2.10.1980 in terms of the Bihar Non -Govt. Secondary School (Taking Over Management and Control) Act, 1981. The Bihar Nationalized High School (Service Condition) Rules, 1983 had been framed on 9.6.1983 which came into force from 26.9.1983. The petitioner in terms of the provisions as contained in resolution No. 10770 dated 30.12.1981 was granted time bound promotion to junior selection grade w.e.f. 1.4.1981. The Finance Department vide letter No. 92 dated 7.9.1992 issued direction to the Department of Human Resources Development to give benefits to the teachers cadre under resolution No. 6022 dated 18.11.1989 and subsequently the State Govt. had come up with letter No. 1100 dated 19.12.1992 by creating 20% posts in the senior pay scale. It was enumerated therein that the selection grade will be counted from the date of completion of 12 years in junior selection grade. The petitioner had represented the authorities for grant of selection scale but subsequently vide memo No. 770 dated 6.3.2010 the claim of selection scale of various persons including the petitioner was rejected and which is under challenge in the present writ petition. Heard Mr. B.K. Pandey, learned counsel for the petitioner and Mr. D.K. Dubey, learned Sr. S.C. I, appearing for the respondent State of Jharkhand and Mr. Sudarshan Srivastava, learned counsel appearing for the Accountant General.
(3.) IT has been submitted by learned counsel for the petitioner that the petitioner was given junior selection grade scale w.e.f. 1.4.1981 and in terms of memo No. 1100 dated 19.12.1992 Clause 6, the petitioner on completion of 12 years of service from the date he was granted selection grade shall be entitled to senior scale. It has further been submitted that subsequently under letter as contained in memo No. 267 dated 25.4.1994, the aforesaid criteria was reiterated but a clause was inserted to the effect that all the teachers are required to be eligible with a Post Graduate degree which was relaxed, if any teacher has completed 18 years of service on the date of implementation of the selection scale. Learned counsel for the petitioner, therefore, submits that in either of the conditions the petitioner is an eligible candidate to be considered for selection scale and although in the impugned order, the circulars and memos which the petitioner relied upon have been mentioned but the same has not been considered in its proper perspective while rejecting the claim of the petitioner for selection scale.;