Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioners have inter alia prayed for the following relief: (a).For direction upon the respondents to grant promotion to the petitioners to the post of Grade - IV upon completion of 8 years of services in the year 2002 and subsequently to the post of Grade-VII upon completion of further 5 years by treating it as notional service in Grade-IV OR alternatively with effect from the dates the juniors have been granted such promotion; (b).To pay all consequential monetary and other benefits with interest and saddle the respondents with exemplary cost; (c).For quashing the decision of District Establishment Committee dated 27.09.2010 to the extent of not granting promotion to the petitioners and instead thereof keeping decision reserved awaiting outcome of C.M.P No. 325 of 2010; (d).For quashing the decision as contained in memo dated 10.04.2013 issued by District Superintendent of Education to the extent it omits to grant promotion to the petitioners to Grade-4 scale and instead thereof confines itself to grant of Grade-2 only.
(2.) The facts, as delineated in the writ application as well as in various affidavits filed by the petitioners, in brief is that pursuant to the advertisement published in daily local newspaper "Prabhat Khabar" dated 06.10.1991, the petitioners applied and appeared in the examination conducted by 'Bihar Public Service Commission' (in short 'BPSC) for appointment on the post of Assistant Teachers (Matric Level), in which, they were declared successful. It has been averred that the BPSC prepared a common and joint list of trained and untrained teachers. Being aggrieved, some persons assailed the selection process before Hon'ble Patna High Court, where the Hon'ble Court did not interfere with the selection process and consequent appointments. However, the matter went up-to the Hon'ble Apex Court, wherein in Special Leave Petition (Civil) No. 23187 of 1996, the Hon'ble Court though did not interfere with the judgment passed by Hon'ble Patna High Court but directed the State of Bihar to impart training to the appointed untrained teachers within two years. In view of the specific direction of Hon'ble Apex Court, the present petitioners, who were so appointed yet not trained, were sent for stipulated period of one year training in the month of February, 1998 but the examination of the same could be held and only after passing of order dated 04.09.2001 in W.P. (S) No. 2625 of 2001 result was published on 03.05.2002.
(3.) It has further been averred that the State Government revised and implemented new scale of Rs. 4500-7000/- in place of old scale of Rs.1200-2040/- (Grade-1 Scale) but when the benefits of the same was not extended to the petitioners, they moved the Hon'ble Patna High Court by filing C.W.J.C No. 495 of 2000 (R), which was disposed of vide order dated 29.05.2001 directing the State Government to consider and give prescribed revised scale to the petitioners within a period of six months; albeit only after order dated 05.07.2002 in Cont. Case (C) No. 164 of 2002, they got the relief.;