R.K.MERATHIA, J. - (1.) THESE two similar writ petitions were heard together and are being disposed of by this common order.
(2.) PETITIONERS contention is that they were/are entitled to the pay -scale admissible to the Head Master of Middle School, with effect from 3.12.1979. as they were working as Incharge Head Master at different places. It is further contended that there has been discrimination in asmuch as similarly situated junior teachers were given B.A. Trained Scale from due date, but it was not given to the petitioners from due date. It was further submitted that the petitioners have retired during pendency of this writ petition. The stand of the State in the counter affidavit is that the teachers, who passed B.A. before 31.12.1978, were given promotion from I.A. Trained Scale to B.A. Trained Scale. Petitioner passed B.A. in 1979. Only the teachers, who got I.A. Trained Scale, were eligible for B.A. Trained Scale and no teacher was given direct promotion from Matric Trained Scale to Graduate Trained Scale. It is further stated that pursuant to the order dated 4.7.1986 passed in C.W.J.C. No. 817 of 1986 (R) and analogous cases, the Commissioner, South Chhotanagpur Division, Ranchi passed an order dated 28.3.1988 for quashing the order of promotion given to the concerned teachers in B.A. Trained Scale w.e.f. 1.4.1981 and the District Superintendent of Education was directed to prepare a fresh Gradation list year -wise category wise also and thereafter promote the teachers working in the I.A. Trained Scale as well as to consider the cases of I.A. Trained Scale in respect of reservation also. The said order is annexed as Annexure -A to the counter affidavit. It is further stated that according to the said decision, petitioner along with others were promoted from I.A. Trained Scale to B.A. Trained Scale w.e.f. 1.4.1987 and as such the claim of the petitioner w.e.f. 3.12.1979 is not maintainable.
(3.) IN reply, learned Counsels for the petitioners submitted that it is not denied that petitioners were given I.A. Trained Scale from 1973. It was further submitted that the said order of Commissioner is not relevant in this case.;