Amareshwar Sahay, J. - (1.) In this writ petition the petitioner has prayed for quashing of the order passed by the Respondent no. 3, contained in Memo No. 7917 dated 26/12/2001 (Annexure-17), by which the representation of the petitioner for grant of B.A. Trained Scale has been rejected on the ground that he, being the District Superintendent of Education, is not competent to decide the issue and take a decision in the matter. As a matter of fact, it is for the Establishment Committee to consider and take a decision for grant of B.A. Trained Scale to the petitioner.
(2.) The petitioner was an Assistant Teacher and he retired as such from service in September, 2002. He moved this Court earlier by filing a writ petition being WPS No. 5169/2001 for this very relief, which has been prayed by the petitioner in this writ petition. As it appears from the order dated 10/10/2001, disposing of the said writ petition, contained in Annexure-15, that the petitioner had not annexed any certificate regarding his passing of Sahityalankar Examination from Deoghar Hindi Vidyapith, which he claimed to have passed in the year 1984 and, therefore, this Court was not in a position to decide the issue and, therefore, on the ground that the Sahitya Alankar Certificate was not enclosed with the writ petition nor it was clear from the statement that in which sessions the petitioner had completed his studies and whether the 'Sahityalankar' Certificate was recognised as equivalent to graduate degree, the said writ petition was disposed of directing the petitioner to approach the District Superintendent of Education, Ranchi and the District Superintendent of Education was directed to determine the issue if the petitioner produces 'Sahitiyalankar' certificate along with a copy of the relevant circular(s).
(3.) By the impugned order, the representation of the petitioner has been rejected, on the ground that the District Superintendent of Education has no jurisdiction to decide such issue.;