- (1.) HEARD Mr. P. P. N. Roy, learned counsel for the petitioner and Mr. Rajesh Shanka, learned counsel for the Respondent -State.
(2.) PETITIONER , in this writ application, has prayed for a direction to the Respondents to fix his seniority from the initial date of his appointment instead of the date when he completed his Training and also to grant promotion to the petitioner on the basis of the seniority fixed in accordance with his initial date of appointment. Further prayer has also been made to direct the Respondents to grant the Graduation scale to the petitioner from 24.06.1992 i.e. the date on which he became eligible for the said scale. The petitioner's case in brief is as follows: - Petitioner was appointed as Assistant Teacher on 09.08.1982 and was posted at Basic School, Panki, Palamau. Since 1995, the petitioner had been working as In -charge Headmaster in the aforesaid Basic School. On 25.06.2003, a provisional seniority list (Annexure -1) was prepared and notified by the Director, Primary Education, Government of Jharkhand wherein the petitioner's name has been mentioned at Serial No. 84 and an explanatory letter was issued by the Office of the Director, Primary Education Directorate, Jharkhand stating that the seniority has been fixed on the basis of the date of Training (Annexure - 1). Being aggrieved by the denial of his seniority from the date of his appointment and denial of graduation scale from 24.06.1992, the petitioner had filed his representation before the Secretary, Primary Education, Human Resource Development Department, Jharkhand, Ranchi but the same has not been answered.
(3.) EXPLAINING the grievance of the petitioner, and the grounds in support of the reliefs claimed, Mr. P.P.N. Roy, learned senior counsel for the petitioner would explain by reference to Annexure -3, which is a Notification issued by the State Government in the Human Resource Development Department on 03.12.2002, that pursuant to an earlier order passed in the writ application vide C. W.J.C. No. 1872 of 1998 (R) by the Patna High Court, in the case of Shyam Sundar Mahato and others V/s. State of Bihar & Others, the State Government vide the aforesaid Notification had declared that those teachers, who were appointed in the Government Basic Schools in between 11.08.1981 to 17.08.1988 shall be deemed to be the teachers of the Divisional cadre and their seniority would be determined from the date of their appointment. Learned counsel submits that the Respondent -State Government is bound by the aforesaid Notification and it cannot deny the seniority to the petitioner from the date of his initial appointment. Learned counsel submits further that the petitioner has obtained his Graduation on 24.06.1992 and despite submission of the Graduation Certificate, he has not been given the Graduation scale. The petitioner had ultimately retired from service in the month of October, 2008. ;