S. N. Pathak, J. - (1.) The petitioners have approached this Hon'ble Court with a prayer to grant the up-graded pay scale of Rs.8000-13,500 of the existing scale of Rs.6500-10,500/- to them which is next higher scale of the post on which they are working, in terms of government resolution issued by the Finance Department, Govt. of Jharkhand, vide Memo No.3594 dated 18.12.2007 regarding providing benefit of Assured Career Progression.
(2.) The petitioners have been appointed in Subordinate Education Service by the then Government of Bihar in the year 1991 and the petitioner No.1 is at present working on the post of Block Education Extension Officer, Sonahatu, District-Ranchi. The petitioner No.2 is at present working on the post of Block Education Extension Officer, Sisai, Gumla whereas the petitioner No.3 is at present working on the post of Block Education Extension Officer, Lapung, District-Ranchi.
(3.) It is specific case of the petitioners that the petitioners belong to Subordinate Education Service and their next post for promotion from Subordinate Education Service is State Education Service Grade II and minimum qualifying period of service is 8 years and all the petitioners have completed more than 12 years of service in subordinate Education service and they are entitled for grant of promotion to State Education Service Class II. This fact would be evident from Rule 41 of Bihar Education Code. The petitioners have been granted pay scale of Rs.6500-10,500/- as per 1st A.C.P. scheme which is pay scale of the then State Education Service Class-II. As the pay scale of Rs.6500- 10,500/- has been upgraded to the scale of Rs.8000-13,500/- as per resolution issued by the Department of Finance, Government of Jharkhand vide resolution contained in Memo No.3589 dated 17.12.2007 and hence, the petitioners are also entitled to the scale of Rs.8000-13,500/-. After cadre bifurcation, 64 posts of Range Education Officer are in the State of Jharkhand which has to be filled up by way of promotion from the incumbents of the Bihar Education Subordinate Education Service.;