S. N. Pathak, J. - (1.) The petitioners have approached this Hon'ble Court with a prayer for quashing of the order as contained in memo No. 1559, dated 25-8-2014 issued by the Director, Secondary Education (respondent No. 2) by which the grievance of the petitioner has been rejected in complete violation of the rules/regulations/policies/Government orders applicable in respect of the petitioner. Further, prayer has been made for grant of promotion/financial benefits w.e.f. the date of completion of 12 years or 24 years of service from the date of initial appointment and also for grant of senior scale or selection grade scale after completion of 12 years or 24 years of service which has not been granted till date, in view of the Finance Department Resolution No. 6022 dated 18-12-1989. Factual Matrix:
(2.) It has been stated that the present petitioners were appointed as Assistant Teachers in Project High Schools in the year 1981-82. The Project High Schools were established pursuant to the Policy Decision of the State Government whereby several posts were announced for appointment of Teaching and Non-Teaching Staff. 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 and Non-Teaching staff, the said circular was floated as guidelines dealing with several provisions of establishment of schools, strength of teaching and non-teaching 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 19-7-1986 whereby it was provided that teachers of the Project Schools which were opened under the scheme in the year 1981-82 shall be paid their salaries at the prescribed scale and the scale of Trained Graduate Teachers was fixed at Rs. 850-1360 and that of Untrained Teachers were fixed at Rs. 785-1210 and was to take effect from 1-4-1986. The petitioners after their appointment and on training were allowed Graduate Trained Scale and since then the petitioners has been drawing Graduate Trained scale. The case of the petitioners was also referred to the respondent-authorities vide Memo No. 1781 dated 11-9-2015 but no action has been taken by the respondents.
(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 non-granting 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.;