S.N. Pathak, J. - (1.) The petitioner has prayed for a direction upon the respondents to grant him Grade-I scale from the date of his joining and further to grant Grade-II promotion to the petitioner with all consequential benefits. Further, prayer has been made for a direction upon the respondent to make modification/rectification in the Memo No. 3027 dated 14.12.2015 issued by the Secretary to the Govt., School Education and Literacy Department to the extent that the benefit which has been given to the Assistant Teachers be extended to the teachers appointed on compassionate ground also.
(2.) It is the case of the petitioner that he was appointed on compassionate ground as Assistant Teacher. The petitioner after his appointment was discharging his duties to the utter satisfaction of the concerned authorities. It is the further case of the petitioner that as per the condition stipulated in his appointment letter, he was to be sent for in-service Teachers Training within one year of his joining but in spite of that, the government did not take any step for sending him for such training within the stipulated time. It is the specific case of the petitioner that after the order passed by this Hon'ble Court as well as by the Hon'ble Apex Court, the syllabus for one year teachers training was prescribed by the government and subsequently, the petitioner was sent for training and finally he has passed his examination in the year 2010 and thus, much delay has occurred in obtaining teachers training qualification, due to the fault and laches on the part of the respondents.
(3.) It is the further case of the petitioner that after passing of in-service training examination, the petitioner has served for more than 14 years but even then, the benefits of Grade-II has not been given to him. In this regard it is pertinent to mention here that the State of Jharkhand has adopted the promotion rules of the State of Bihar, which is known as Bihar Taken Over Primary Teachers Promotion Rules, 1993 and Rule-5 of the said Rules clearly provides that for grant of Grade-I to Grade-IV, only 8 years of service is required in Grade-I. Similarly, the said Rules provide that after completion of 12 years of service, the promotion to the Grade-II is to be given to every eligible teacher, who have completed 12 years of continuous service. It is the further case of the petitioner that he has made several representations before the respondents for extending him the said benefits but the respondents have not paid any heed to the representations of the petitioner. Hence, petitioner has approached this Hon'ble Court for redressal of his grievances.;