S.N. Pathak, J. - (1.) The petitioner has approached this court for a direction upon the respondents to consider the case of the petitioner for his posting as Postgraduate Trained Teacher in K.N.+2 High School, Ichak, Hazaribagh in the light of the decision taken by the respondent-authorities in the meeting dated 13.11.2017 (Annexure-2), as the petitioner is posted and working as Assistant Teacher in K.N. +2 High School, Ichak, Hazaribagh. Further prayer has been made to consider the case of the petitioner in view of the fact that other similarly situated persons have been considered and allowed to continue in the same school where they were earlier working as Assistant Teacher.
(2.) The factual exposition as has been delineated in the writ petition is that the petitioner was appointed as an Assistant Teacher in the Secondary School on 06.08.2010. Thereafter, the petitioner was posted in K.N. High School, Ichak in the district of Hazaribagh, since then he has been discharging his duty in the said school. It is the further case of the petitioner that an advertisement was floated for appointment to the post of Postgraduate Trained Teacher in the year, 2016 by the Jharkhand Staff Selection Commission. Pursuant thereto, the petitioner having requisite qualification, applied for the same and appeared in the selection process and also qualified for the same. An appointment letter was issued under the pen and signature of the respondent No.2 to him on 14.11.2017. From the appointment letter itself, it was made clear that petitioner will join as an Postgraduate Trained Teacher in K.B.S.S+2 High School, Choupara, Hazaribagh. The petitioner soon thereafter, made a representation before the respondent-authorities for consideration of his case for allowing him to continue in the same school in view of their own decision, which was taken on meeting dated 13.11.2017 for accommodating the teachers, who are discharging their duties as an Assistant Teacher in their own school as Postgraduate Trained Teacher, but no decision has been taken on the representation of the petitioner. Thereafter, the petitioner moved before the Secretary of the Department, mentioning therein that other similarly situated teachers have been allowed to continue in the same school and the petitioner has been discriminated. Pursuant thereto, the Secretary of the Department gave a direction to the respondent-Director, Secondary Education, School Education and Literacy Department to consider the case of the petitioner on the ground of equal treatment as similarly situated persons have been considered and allowed to continue in the same school in which they were discharging their duties, but till date no decision has been taken by the respondent-Director, Secondary Education, School Education and Literacy Department. Hence, the petitioner has been constrained to move before this Court for redressal of his grievances.
(3.) Mr. Manoj Tandon, learned counsel for the petitioner submits that in view of the recommendation of the Secretary of the Department, the petitioner is entitled for posting in the same school where he was discharging his duties, as similarly situated persons have been allowed to continue to work in the same school as Postgraduate Trained Teacher in view of the resolution /decision of the State. Learned counsel further argues that it is a case of hostile discrimination as the respondents cannot adopt pick and choose method. As the similarly situated persons have been already allowed to continue, therefore, the petitioner is seeking intervention of this Hon'ble Court for a direction upon the respondents to consider their own resolution/decision and also direction of the Secretary of the Department.;