JUDGEMENT
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(1.) Heard learned counsel for the petitioners and learned counsel for the respondents.
(2.) The petitioners are working as Assistant Teachers in various Nationalised Primary Schools in the district of Godda, and they have acquired
the qualification of Graduate Trained after coming into their services. The
petitioners are presently working in Grade -2 pay scale and they are claiming
promotion to Grade -3 pay scale in view of the provisions of the Bihar
Nationalised Primary School Teacher Promotion Rules, 1993, (herein after
referred to as the 'Promotion Rules of 1993'), according to which, the teachers
having the qualification of Matric Trained and having minimum satisfactory
service of 18 years in Grade -2, shall be entitled to be promoted in Grade -3 pay
scale and the teachers having qualification of Graduate Trained and having
minimum satisfactory service of 12 years in Grade -2 pay scale, shall be entitled
to be promoted in Grade -3 pay scale.
(3.) The gradation list has been prepared for promotion to Grade -3 pay scale on 2.2.2014 by the respondent No. 6, District Superintendent of Education,
Godda, but the names of petitioner Nos. 2 to 5 and 10 have not been included in
the gradation list on the ground that they lack the permission for enhancing their
educational qualification. Whereas, though the names of petitioner Nos. 1 & 6
to 9 have been included in the gradation list dated 2.2.2014, but their names have
been included as Matric Trained teachers, and not as Graduate Trained teachers.;
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