Patna High Court CWJC No.1571 of 2009 (7) dt.06-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1571 of 2009 ====================================================== Lal Barti Singh & Ors .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Suresh Chandra Giri Mr. Pravin Kumar Sinha For the Respondent/s : Mr. (Gp12) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 7 06-09-2011 Heard counsel for the petitioners and the counsel appearing for the State. There are 35 petitioners, who have filed this application for a direction to the respondents for giving promotion in the higher scale of pay and post them as per their requisite qualification on the promotional post. Petitioners are working as Assistant Teachers in different schools in the district of Jamui. Facts leading to the present application is that all these petitioners at the time of their first joining as matric trained teacher in different primary schools, have had qualification of B.A.,/ B.Sc, B.Ed and B.T. Petitioners have completed the Kal Awadhi of eight years and became entitled for grant of B.A.B.Sc trained scale. Patna High Court CWJC No.1571 of 2009 (7) dt.06-09-2011 Petitioners’ case is that the direction for preparation of district wise seniority list of teachers eligible for grant of B.Sc/BA trained scale had been issued long time back in the year 1999. All teachers are entitled for promotion to the B.A/B.Sc trained scale with effect from the date of acquiring the Teachers Training degree on higher qualification or on completing eight years kala Awadhi. Petitioners have training as well as post graduate degree, and also completed kalawadhi of eight years service. Specific case of the petitioners is that since, they fulfilled minimum prescribed qualification for their promotion and there are large number of vacancies in higher pay scale, there was no reason for denying them benefit of promotional BA/B.Sc trained scale.. During the pendency of the writ application, two notifications have been issued, granting promotion to teachers in BA/B.Sc trained scale. Some of the petitioners have been given promotion to the B.Sc trained scale vide notifications dated 30.12.2010 but petitioners entitled for B.A. trained scale, their notifications was delayed and subsequently issued vide letter no. 584 dated 22.7.2011. The petitioners’ have been promoted in the B.A. B.Sc. trained scale with effect from the date of the issuance of the notification but so far Patna High Court CWJC No.1571 of 2009 (7) dt.06-09-2011 consequential monetary benefit is concerned that has been kept in-abeyance and it will be allowed to the petitioners with effect from the date of their posting. Counsel for the petitioners submits that already there has been considerable delay in granting B.A./B.Sc trained scale, now they cannot be deprived from monetary benefit of higher pay scale on pretext of their posting on promotional post. Petitioners became entitled for B.S/B.Sc trained scale having requisite qualification and on completion of eight years kalawadhi. Despite their entitlement they remained deprived from the benefits. Considering the fact that there are large number of vacancies in the B.A. trained/B.Sc. trained scale, there was no reason for delaying the issuance of notification. There was no specific reason for withholding the benefit of promotion. So far monetary benefit is concerned, it should have been allowed to the petitioners with effect from the date when they became entitled. Considering all these facts, the respondent authorities are directed to allow B.A. trained scale to the petitioners with effect from the date i.e. the date on which notification contained in Annexure-A to the counter affidavit had been issued, allowing B.Sc trained scale. Petitioners and similarly Patna High Court CWJC No.1571 of 2009 (7) dt.06-09-2011 situated other teachers will be entitled for monetary benefits w.e.f. 30.12.2010, when notification contained in Annexure-A was issued, as there is no reason for fixing different dates for grant of consequential promotional benefits to B.A and B.Sc. trained scale. The writ application stands allowed. Arun Kumar/- (Mridula Mishra, J)