R.R. Prasad, J. - (1.) HEARD learned Counsel appearing for the petitioner and learned Counsel appearing for the respondents.
(2.) LEARNED Counsel appearing for the petitioner submits that the petitioner was working in Baijnath Das Kalyan Uchch Vidayalaya, Chuliha, Deoghar since 1983 and at the time of taking over the said school in terms of Section 3 (3) of the Bihar Non -Government Secondary School (Taking over Management & Control Act), 1981, the names of trained teachers were recommended for being appointed as teachers in the said school and the petitioner was not appointed though he was having requisite qualification for being appointed as a teacher and, therefore, the petitioner had to file writ application before Hon'ble High Court, Patna vide C.W.J.C. No. 5299 of 1983 and the Court directed that if the petitioner is found qualified on the date of inspection by the Special Board and if his rank is amongst first nine qualified teachers, then his case may be considered and thereupon the Director, Secondary Education, Government of Jharkhand, Ranchi, keeping in view the order passed by Hon'ble High Court, Patna, passed order treating the petitioner as a teacher of Baijnath Das Kalyan Uchch Vidayalaya, Chuliha, Deoghar from the date of taking over of the said school i.e. 5.7.1983 and pursuant to that, the petitioner did join that school on 14.5.1988 and since then he has been working to the satisfaction of the Authorities. Learned Counsel further submits that in course of time, when the petitioner became entitled to have first time bound promotion w.e.f. 5.7.1995, it was not given to the petitioner with effect from that day though first time bound promotions were given to other teachers w.e.f. 5.7.1995, who were working in the school and whose services were also reckoned with effect from 5.7.1983, rather the first time bound promotion was given to the petitioner w.e.f. 13.5.2000 and, therefore, the petitioner did represent the matter before the Director, Secondary Education, Government of Jharkhand, Ranchi through proper channel but when it was not decided, the petitioner has moved to this Court making prayer that his services be reckoned from the date of taking over of the school i.e. from 5.7.1983 and also for grant of notional annual increments.
(3.) LEARNED Counsel in course of his arguments submits that the petitioner has not been asking for any back wages which would be accrued on account of grant of first time bound promotion w.e.f. 5.7.199!).;