IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11595 of 2009 Dr.Bimala Shankar Mishra, son of Late Sri Nagina Mishra, resident of village and Post Office- Atimi, District- Bhojpur (Arrah) at present posted as P.G. (Math), Jawahar Navodaya Vidyalaya (N.N.V.) Behea Bihar ...........Petitioner Versus 1. The Union of India through the Commissioner-cum-Secretary, Navodaya Vidyalaya Samiti, New Delhi. 2. The Deputy Director, Navodaya Vidyalaya Samiti, A.N. College, Boring Road, Patna 3. The Commissioner, Navodaya Vidyalaya Samiti, New Delhi 4. Principal Jawahar Navodaya Vidyalaya , Bihiya, Bhojpur 5. The Deputy Director (Administration) of Navodaya Vidyalaya Samiti, New Delhi ........Respondents ----------- 7 13-09-2010 Heard learned counsel for the petitioner and learned counsel for the Navodaya Vidyalaya Samiti. Petitioner joined a Navodaya Vidyalaya on deputation on 2-12-1987. The post of Trained Graduate Teacher (TGT) was created on 1-5-1989 and thereafter by order dated 12-12-2000 contained in annexure-4 petitioner was absorbed in TGT scale w.e.f. 1-5-1989. The scale of TGT is lower to the scale of Postgraduate Trained Teacher (PGT). Subsequently, petitioner was promoted to PGT scale w.e.f. 17-4-1995. He wants scale of PGT w.e.f. 1-5-1989. Learned counsel for the petitioner has placed reliance upon rules annexed with reply to the counter affidavit. The relevant entry 36 in annexure-A to the 2 notification dated 29th December, 1999 relates to PGT entry scale. For promotion to that scale the circular indicates that promotion shall be from amongst eligible TGTs in the concerned subject having postgraduate degree in the subject with three years regular service as TGT in the Samiti. Even in view of the circular of 1999 which is of later date, petitioner could not have been eligible unless he completed three years in regular service as TGT in the Samiti from 1-5-1989 when he was absorbed in TGT scale. On the other hand learned counsel for the Samiti has placed reliance upon averments in paragraph 7 of the counter affidavit to the effect that regular appointments to the post of TGTs and PGTs were started for the first time in 1989. Relevant rules were notified on 7-6-1991 providing for filling up of 25% posts of PGT by promotion from amongst eligible TGTs having postgraduate degree in the concerned subject with five years regular service as TGT under the Samiti and the rest 75% posts were to be filled up by direct recruitment. The relevant rules of 1991 have been annexed as 3 annexure-A to the counter affidavit and that supports the averments in paragraph 7 noticed above. In that view of the matter, from the date of absorption in the regular scale of Samiti on 1-5-1989, the petitioner was not eligible for PGT scale as a promotee till he completed five years of regular service in TGT scale. In view of rule position several judgements cited on behalf of the petitioner, relating to benefits which may be given to a deputationist, are not found to be relevant in this case. Petitioner’s claim for promotion to the PGT scale w.e.f. 1-5-1989 is found to have no merit in view of rules noticed above. Hence, we find no good reason to interfere with the order of the Central Administrative Tribunal. The writ petition is, accordingly, dismissed. No costs. BKS/- (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)