S. N. Pathak, J. - (1.) The petitioners have approached this Hon'ble court with a prayer for grant of A.C.P. benefit by promoting him in Senior (Variya) Pay Scale (6500 - 200 - 10,500) and further to grant him Selection (Pravaran) Pay Scale (7500 - 250 - 12000) and further prayer has been made to correct the calculation of pay of the petitioner as though the petitioner has got full salary from 5th January, 1982 however, the petitioner's pay scale has erroneously been fixed considering that the petitioner is getting pay scale from 01.04.1986 causing great financial loss to the petitioner. Factual Matrix:
(2.) It has been stated that the petitioner was appointed as Assistant Teacher in Project High School, Pirtand, Giridih in the year 1982 and subsequently the services of the petitioner is being transferred on 26th of June, 1994 in Project High School, Charhi and since then the petitioner is working on the post of Assistant Teacher. It has been further stated that Govt. of Bihar, Department of Education by its memo no. 705 dated 12.10.1982 issued a circular for establishing the Project Schools and structures of payment for the Teaching & Non Teaching staff, the said circular was floated as guidelines dealing with several provisions of establishment of schools, strength of teaching and nonteaching staff and emoluments. In accordance with the said policy decision the Project High Schools in which the petitioners were working were taken over and started in the year 1982 and appointments were accordingly made. Subsequently, the circular was issued by the Govt. of Bihar, Department of Education by its Memo no. 405 dated 19.07.1986 whereby it was provided that teachers of the Project Schools which were opened under the scheme in the year 198182 shall be paid their salaries at the prescribed scale and the scale of Trained Graduate Teachers was fixed at Rs. 8501360 and that of Untrained Teachers were fixed at Rs. 7851210 and was to take effect from 01.04.1986. The petitioners after their appointment and on training were allowed Graduate Trained Scale and since then the petitioners has been drawing Graduate Trained scale. Other similarly situated persons who were working in different Project High Schools were granted Senior Scale but the same has been denied to the present petitioner.
(3.) Learned counsel for the petitioners submits that the petitioners have worked for about 30 years as Assistant Teacher having no adverse remarks and as such the petitioners are entitled to grant of A.C.P. by promoting the petitioners to senior scale or selection grade scale as per Rule and nongranting of the same by the respondents is wholly arbitrary and unsustainable in the eye of law. It is further stated that other similarly situated persons have been given the benefits of A.C.P. but the present petitioners have been denied for the same and hence the petitioners have preferred the present writ petition.;