IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1658 of 2001 1. SURENDRA NATH PANDEY, son of late Shiv Nandan Pandey, at present working as Headmaster in Middle School, Hilalpur, Anchal Hajipur, District Vaishali 2. Thakur Satish Chandra Singh, son of late Suryadeep Singh, at present working as Headmaster in Middle School, Kunharkol, Anchal Sahdei, Bujurg, Vaishali 3. Shivranjan Prasad, son of late Prabhu Narayan Sinha, at present working as Headmaster in Middle School, Shishauni Prabodhi, Anchal Lalganj, District Vaishali 4. Ram Ranjan Sinha, son of late Prabhu Narayan Sinha, at present working as Headmaster in Middle School, Bilandpur, Anchal Mahua, District Vaishali 5. Sukdeo Narayan Singh, son of late Daroga Pd. Singh, at present working as Headmaster in Middle School, Kutubpur, Anchal Hajipur, District Vaishali 6. Sheo Shankar Rai, son of late Janak Rai, at present working as Headmaster in Middle School, Chakbyas, Anchal Goraul, District Vaishali 7. Ram Prasad Singh, son of late Ram Lakhan Singh, at present working as Headmaster in Girls Middle School Hathsarganj, Anchal Hajipur, District Vaishali 8. Shatrughan Pd. Shukla, son of late Ramrit Shukla, at present working as Headmaster in Middle School, Baikunthpur, Anchal Mahua, District Vaishali 9. Basudeo Rai, son of late Jethu Rai, at present working as Headmaster in Middle School, Gorigama, Anchal Mahua, District Vaishali 10. Ram Chandra Singh, son of late Lilbran Singh, at present working as Headmaster in Middle School, Manganpur, Anchal Lalganj, District Vaishali 11. Bir Bahadur Prasad Singh, son of Sri Bhuvan Singh, at present working as Headmaster in Middle School, Manjhauli, Anchal Bidupur, District Vaishali 12. Kameshwar Prasad Sinha, son of Sri Parmeshwar Singh, at present working as Headmaster in Middle School, Chakwara, Anchal Hajipur, District Vaishali … Petitioners Versus 2 1. THE STATE OF BIHAR 2. The Director, Primary Education Department, Govt. of Bihar, Patna 3. The District Education Establishment Committee, through its /Chairman, the District Magistrate, Vaishali 4. The District Superintendent of Education, Vaishali … Respondents with CWJC No.2395 of 2001 1. DEVENDRA PANDIT, son of late Ram Jeevan Pandit, Headmaster, Middle School, Vairokhra, Anchal Patepur, District Vaishali 2. Gajendra Prasad Singh, son of late Ram Lakhan Singh, Headmaster, Middle School, Pohiar, Anchal Sahadai, District Vaishali 3. Baidyanath Prasad Singh, son of Sri Gannu Singh, Headmaster, Middle School, Ramdaha, Anchal Hajipur, District Vaishali 4. Jay Nandan Singh, son of late Ramdeo Singh, Headmaster, Middle School, Uffraul, Anchal Sahdai Bujurg, District Vaishali 5. Bipat Kumar Pandit, son of Sri Jhallu Pandit, Headmaster Middle Schol Hasanpur, Anchal Mahnar, District Vaishali 6. Bindeshwar Sharma, son of late Chaturbhuj Sharma, Headmaster, Middle School, prataptanga, Anchal Lalganj, District Vaishali 7. Satya Narayan Singh, son of late Parmeshwar Singh, Headmaster, Middle School, Prem Raj, Anchal Mahua, District Vaishali 8. Yogendra Prasad Chaurasia, son of late Jhagan Chudhary, Headmaster, Middle School Immatpur Sultan Anchal Hajipur, District Vaishali 9. Raghunath Prasad Singh, son of late Ram Sagar Singh, Headmaster Middle School Jagarnathpur, Anchal Mahnar, District Vaishali 10. Shiv Chandra Rai, son of Gurudeo Rai, Headmaster, Middle School, Deyhpura, Anchal Mahnar, District Vaishali 11. Uma Shankar Chaudhary, son of late Janak Chaudhary, Headmaster, Middle School, Tighiota, Anchal Patepur, District Vaishali … Petitioners Versus 1. THE STATE OF BIHAR, through the Secretary, Primary Education. Govt. of Bihar, Patna 2. The Director, Primary Education, Bihar, Patna 3 3. The District Magistrate, Vaishali at Hajipur 4. The District Superintendent of Education, Vaishali at Hajipur … Respondents with CWJC No.2939 of 2001 CHANDRA BHUSHAN PRASAD, son of Sri Nem Chandra Bhakta, resident of village Bajidpur, P.s. Kutubpur, Saidpur, District Vaishali at Hajipur … Petitioner Versus 1. THE STATE OF BIHAR, through the Secretary cum Commissioner, Department of Primary, Secondary and Adult Education, Bihar, Patna 2. The Director, Primary Education, Bihar, Patna 3. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur 4. The District Superintendent of Education, Vaishali at Hajipur 5. The Chairman, District Education Establishment Committee cum District Magistrate, Vaishali (Hajipur) … Respondents with CWJC No.2303 of 2001 1. SHIV SHANKER PRASAD SINGH, son of late Jaggarnath Singh, resident of village Husena Raghav, P.S. Vaishali, District Vaishali, at present posted as Headmaster Middle School, Yatbarpur, Lalganj, Vaishali 2. Raghunath Singh, son of late Ram Narayan Singh, at present posted as Headmaster Nagma Middle School, Vaishali, resident of village Pratap Tand, P.O. Pratap Tand, P.S. Bhagwanpur, District Vaishali 3. Mahendra Bhakta, son of late Bipat Bhakta, resident of village Salempur, P.O. Nandlalpur, P.S. Vaishali, District Vaishali at present posted as Headmaster Middle School, Jahanabad, Lalganj, Vaishali 4. Bhavesh Sharan, son of late Ramji Prasad, resident of villagte Belsan, P.S. Vaishali, District Vaishali, at present posted as suspended Headmaster Middle School, Mdhusdan Pakari, Lalganj, Vaishali … Petitioners Versus 1. THE STATE OF BIHAR 2. The Secretary, Human Resources Development Department, Patna 3. The Director, Primary Education, Bihar, Patna 4 4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur 5. The Collector, Vaishali under the power of Chairman of District Establishment Committee (Education), Vaishali 6. The District Superintendent of Education, cum Secretary, District Establishment Committee Education Vaishali at Hajipur … Respondents with CWJC No.1660 of 2001 1. MADAN SINGH, son of late Rajeshwar Prasad Singh, working as Headmaster in Middle School, Aadampur, Anchal Goraul, District Vaishali 2. Birendra Kumar Singh, son of Sri Ganga Prasad Singh, working as Headmaster in Middle School, Bakahawa, Anchal Goraul, District Vaishali 3. Shivdas Prasad, son of Sri Ram Chandra Rai, working as Headmaster in Middle School, Dhanushi, Anchal Lalganj, District Vaishali 4. Md. Moinuddin Kazim, son of late Md. Habib Khan, working as Headmaster in Middle School, Bagmossa, Anchal Hajipur, District Vaishali 5. Arun Kumar Sharma, son of late Jugal Kishore Sharma, working as Headmaster in Middle School, Subhai, Anchal Hajipur, District Vaishali 6. Vaidyanath Rakesh, son of late Krishna Rai, working as Headmaster in Middle School, Ghataroo, Anchal Lalganj, District Vaishali 7. Anil Kumar, son of late Vishwanath Prasad Singh, working as Headmaster in Middle School, Madhopur Gopalpur, Anchal and District Vaishali 8. Balram Sharma, son of late Yogeshwar Singh, working as Headmaster in Middle School, Ashakaranpur, Anchal Goraul, District Vaishali 9. Sudhir Kumar Singh, son of late Ram Narayan Singh, at present posted as Headmaster in Middle School, Husena Khurd, Anchal Goraul, District Vaishali … Petitioners Versus 1. THE STATE OF BIHAR 2. The Director, Primary Education, Govt. of Bihar, Patna 3. The District Education Establishment Committee, through its /Chairman, the District Magistrate, Vaishali 5 4. The District Superintendent of Education, Vaishali … Respondents with CWJC No.3142 of 2001 1. UMA SHANKAR PRASAD, son of late Bansh Rakhan Sah, at present posted as Headmaster in Middle School, Panpur Dharampur, Anchal Bidupur, District Vaishali 2. Shashi Krishna Prakash, son of late Hari Krishna Prakash, at present posted as Headmaster in Middle School Ataullahpur (Hindi), Anchal Lalganj, District Vaishali 3. Dineshwar Sah, son of late Saryug Sah, at present posted as Headmaster in Middle School, Dumri, Anchal Mahna, District Vaishali 4. Navin Kumar Mishra, son of late Ram Shobhit Mishra, at present posted as Headmaster in Middle School, Supaul, Anchal Mahua, District Vaishali 5. Raghubansh Singh, son of late Mahavir Singh, at present posted as Headmaster in Middle School, Azamatpur, Anchal Hajipur, District Vaishali 6. Rajkishor Sharma, son of late Parsuram Thakur, at present posted as Headmaster in Middle School, Govindpur Bazitpur, Anchal Bidupur, District Vaishali … Petitioners Versus 1. THE STATE OF BIHAR 2. The Director, Primary Education Department, Govt. of Bihar, Patna 3. The District Education Establishment Committee, through its /Chairman, the District Magistrate, Vaishali 4. The District Superintendent of Education, Vaishali … Respondents ----- For the petitioners: Mr.Rajendra Pd.Singh, Sr.Adv. Mr.Rajeev Kumar Singh, Mr.Onkar Kumar, Mr.Nawal Kishore Singh,Advocates & Mr. Pramod Mishra, (Advocate in C.W.J.C.No. 2395/2001) For the State : Mr. Udai Shankar Singh, A.C. to G.A.III. ----- 6 P R E S E N T THE HON‟BLE MR. JUSTICE MIHIR KUMAR JHA Mihir Kumar Jha,J., All these writ applications arise out of a similar order passed on the same day i.e. 26.12.2000 whereby and whereunder the petitioners were sought to be allegedly reverted from the post of Headmaster in various Middle Schools of Vaishali District to the post of Assistant Teacher. Consequently the prayer in all these writ applications is one and the same, namely, for quashing of the order of reversion dated 26.12.2000 with a consequential direction for restraining the respondents from disturbing the petitioners from functioning the post of Headmaster in their respective schools. The facts also are almost identical, inasmuch as all of the petitioners having been initially appointed in the matric trained scale of pay were eventually promoted in the graduate trained scale of pay, whereafter the District Superintendent of Education, Vaishali by his various orders in the year 1987 to 1988 had posted them on the post of Headmaster in different Middle Schools. As this posting by the petitioners is sought to be cancelled by 7 the impugned order and is being dubbed as promotion by the petitioners it would be necessary to reproduce both the alleged order of promotion and reversion in order to find out as to whether it is really a case of reversion. The specimen copy of the order of posting the petitioners on the post of Headmaster as in the case of petitioner no.1 Surendra Nath Pandey in C.W.J.C.No. 1658/2001 is extracted hereinbelow: Þdk;kZy;] ftyk f'k{kk v/kh{kd] oS'kkyh] dk;kZy;] vkns'k Jh lqjsUnz ukFk ik.Ms;] lk0 f”k0 e0 fo0 nks/kh lE;kl ] vapy gkthiqj tks Lukrd izf”kf{kr ds osrueku esa dk;Zjr gS dks mlh osrueku esa e0fo0eqdqUniqj iks[kjSjk vapy & egqvk esa iz/kkuk/;kid ds fjDr in ij ;ksxnku dh frfFk ls inLFkkfir fd;k tkrk gSA lacaf/kr fu;a=h inkf/kdkjh ;g lqfuf”pr dj ysxs fd iz0v0 dk inLFkkiu muds x`g iz[k.M ;k ?kj ls vkB fd0eh0 ds vUnj gks x;k gks rks ;ksxnku ugha djk;sxsa ,oa ,rn~ laca/kh lwpuk v/ksgLrk{kjh dk nsxsaAÞ From the reading of the aforesaid order which is absolutely identical in cases of all the petitioners, who incidentally happened to be of the same cadre of teachers of Vaishali District, it becomes clear that the District Superintendent of Education, Vaishali had merely posted them on the post of Headmaster. At least these orders do not convey that such decision of posting as Headmaster was taken by the District Education Establishment Committee, the competent authority, to take a decision for posting the senior most graduate trained 8 teachers on the post of Headmaster in respective Middle Schools as per the Rules then in force contained in notification dated 18th December, 1984. It has to be noted that in 1984 Rules which in fact was by way of an executive instruction and was issued only with regard to replacement of pay scales of the teachers in terms of the recommendation of the Pay Revision Committee as implemented by the Finance Department in Resolution No. 10770 dated 30.12.1981, all that was provided was that the teachers in Primary and Middle School of this State shall be in three categories, namely, Grade I, Grade II and Grade III. In all these three grades there was a basic pay scale, its Junior Selection Grade and Senior Selection Grade and the number of post for each of the three categories was specified with also the minimum essential qualification. This would be more clear if the relevant portion of the notification dated 18th December, 1984 is perused wherein it was, inter alia, provided that: Þfcgkj ljdkj] f'k{kk foHkkx vf/klwpuk iVuk fnukad 18 fnlEcj] 84 la[;k ,l@o 3&01@755@80 f”k0 2440 % fcgkj xsj ljdkjh izkjafHkd fo|ky; ¼fu;a=.k xzg.k½ vf/klwpuk 9 1976 dh /kkjk 8 esa iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkdh;d`r izkjafHkd fo|ky;ksa ds f'k{kdksa dh fu;qfDr] izoj dksfV esa izksUufr vkSj Åaps osrueku ds inksa ij lh/kh fu;qfDr ds laca/k esa fohkkxh; i=kad th@,l 7&074@76 f”k0 4557 fnukad 15-12-76 ,oa vf/klwpuk la[;k ,l@o3&1@1755@f”k0@1938] fnukad 21-8-81 ,oa vf/klwpuk la[;k 2060 fnukad 15-9-81 rFkk vf/klwpuk la[;k 168 fnukad 7-3-84 vkSj 1054 fnukad 28-5-84 dks la'kksf/kr ,oa lesfdr djrs gq, fu;qfDr@izksUufr ds laca/k esa fuEukafdr vkns”k fn;s tkrs gSA blds lkFk gh eSfVªd izf”kf{kr] baVj izf”kf{kr vkSj Lukrd izf”kf{kr osruekuksa esa ls izR;sd ds fy;s fnukad 1-4-81 ls LFkk;h vkSj vLFkk;h inksa dh Lohd`fr ds vuqlkj vyx&vyx duh; vkSj ojh; izoj dksfV ds inksa dk lEifjorZu fuEukafdr osruekuksa esa foRr foHkkx dh ladYi la[;k 10770] fnukad 30-12-81 dh dafMdk 10 vkSj 11 rFkk foRr foHkkx ds i=kad 3294 ¼2½ fnukad 1-5-84 ,oa foRr foHkkx ds i=kad 7295 ¼2½ fnukad 9-11-84 dh dafMdk 2 ds vkyksd esa layXu fooj.kh ds vuqlkj fd;k tkrk gSA fnukad 1-4-81 ls eSfVªd izf'kf{kr baVj izf”kf{kr Lukrd izf”kf{kr osruekuksa ds in vyx&vyx laoxZ ds gksaxs vkSj f”k{kdksa ds in fuEukafdr rhu xzsM ds gksaxsA xzsM &1 ,oa osrueku dksfV ,oa inksa dk izfr'kr fu;qfDr ,oa izksUufr gsrw U;wure ;ksX;rk 1 2 3 ¼d½ ojh; izoj dksfV 1000&50&1700 n0 jks0 & 60& 1820 jktdh;d`r e0 fo|ky;ksa ds izf”kf{kr Lukrd osrueku ds lgk;d f”k{kd vkSj iz/kkuk/;kid ds dqy inksa dk 10 izfr'kr izf”kf{kr Lukrd ¼[k½ duh; izoj dksfV 940&40&1500&n0jks0 40&1660 jktdh;d`r e0 fo|ky;ksa ds izf”kf{kr Lukrd osrueku ds lgk;d f”k{kd vkSj iz/kkuk/;kid ds dqy inksa dk 20 izfr”krA ¼x½ ewy in 850&30&1270&n0jks0&30&1360 jktdh;d`r e0 fo|ky;ksa ds izf”kf{kr Lukrd osrueku ds f”k{kdksa vkSj iz/kkuk/;kidksa 10 ds dqy inksa dk 70 izfr”krA xzsM 2 ¼d½ ojh; izoj dksfV 850&30&1270&n0jks0&30&1360 jktdh;d`r e0 fo|ky;ksa ds baVj izf”kf{kr osrueku ds lgk;d f”k{kdksa ds dqy inksa dk 20 izfr”kr baVjehfM;V iz0 ¼[k½ duh; izoj dksfV 785&25&1135&n0jks0&25&1210 jktdh;d`r e0 fo|ky;ksa ds baVj izf”kf{kr osrueku ds lgk;d f”k{kdksa ds dqy inksa dk 20 izfr”kr baVjehfM;V iz0 ¼x½ ewy in 730&15&820&20&980&n0jks0&20&1080 jktdh;d`r e0fo|ky;ksa ds baVj izf”kf{kr osrueku ds lgk;d f”k{kdksa ds dqy inksa dk 70 izfr”krA Þ xzsM 3 ¼d½ ojh; izoj dksfV 730&15&820&20&980&n0jks0&20&1080 jktdh;d`r e/; ,oa izk0 fo|ky;ksa ds eSfVªd izf”kf{kr osrueku ds lgk;d f”k{kdksa ds dqy inksa dk 10 izfr”krA eSfVªd izf”kf{kr ¼[k½ du;h izoj dksfV 680&15&890&n0jks0&15&965 jktdh;d`r e0 ,oa izkFkfed fo|ky;ksa ds eSfVªd izf”kf{kr osrueku ds lgk;d f”k{kdksa ds dqy inksa dk 20 izfr”krA eSfVªd izf”kf{kr ¼x½ ewy in 580&10&620&15&770&n0jks0&15&860 jktdh;d`r e/; ,oa izkFkfed fo|ky;ksa ds eSfVªd izf”kf{kr 11 osrueku ds lgk;d f”k{kdksa ds dqy inksa dk 70 izfr”kr A 3- pwafd rhuksa xzsM ds in vyx&vyx laoxZ ds gS] blfy;s izR;sd laoxZ ds inksa dks Lora= bdkbZ ekudj duh; vkSj ojh; izoj dksfV esa Øe”k% 20 vkSj 10 izfr”kr inksa dks leifjorZu fd;k x;k gSA izR;sd laoxZ ds f”k{kdksa dks vius loxZ ds duh; vksj ojh; izoj dksfV ds inksa ij ojh;rk vkSj larks’ktud dk;Z izfrosnu ds vk/kkj ij 1 yh vizSy dks izksUufr nh tk;sxh rFkk osru fu/kkZj.k esa uhps ds in ds ewy osru esa 12 izfr”kr tksM+dj izksUur osrueku ds vxys izØe ij osru fu/kkZj.k dk ykHk fn;k tk;sxkAÞ From the aforementioned provisions made in the notification of the Education Department dated 18th December, 1984 it would be clear that there was no post of Headmaster by way of promotional avenue, rather the post of Headmasters were also counted for fixing cadre strength of Grade I in which, as noted above, there were basic post constituting 70% of the strength of the teachers and Headmasters in the graduate trained scale. Eventually a person even on the basic post in Grade I even without being promoted in the Junior Selection Grade and Senior Selection Grade could be posted as Headmaster, as would be evidenced from the perusal of Para 6 and Para 9 of the aforesaid notification reading as follows: Þ6- izkFkfed fo|ky;ksa esa iz/kkuk/;kid dk inLFkkiu A izkFkfed fo|ky;ksa esa xzsM 3 ds ojh;re f”k{kd iz/kkuk/;kid gksaxs nks ;k mlls vf/kd f”k{kd bdkbZ okys izkFkfed fo|ky;ksa esa iz/kkuk/;kid ds :i esa xzsM 3 ¼d½ vkSj ¼[k½ vFkkZr xzsM 3 ds ojh; ,oa du;h ¼izoj dksfV½ ds f”k{kdksa dk inLFkkiu fd;k tk;sxkA 9- xszM 2 ¼x½ ds osrueku esa fu;qfDr rFkk xszsM 1 12 ¼[k½ vkSj ¼d½ esa izksUufra e/; fo|ky;ksa ds iz/kkuk/;kid in ij xzsM 1 dh ojh;rk ds vuqlkj inLFkkiu fd;k tk;sxka fnukad 10-7-69 ds iwoZ fof/kor :i ls fu;qDr iz/kkuk/;kidksa dh vioknLo:i inLfkkfir jgus fn;k tk;sxkA ¼d½ ¼1½ xzsM 1 ¼x½ ds in xzsM 2 ¼d½ esa dk;Zjr Lukrd izf”kf{kr ;ksX;rk ds f”k{kdksa ls ojh;rk vkSj larks’ktud dk;Z ds vk/kkj ij lh/kh fu;qfDr }kjk Hkjs tk;saxsA pwafd nksuksa dk osrueku ,d gh gS] vr% fu;qDr f”k{kd dks osru fu/kkZj.k@izksUufr tU; ykHk ns; ugha gksxk] ijUrq izkIr osru dk lj{k.k fn;k tk;sxkA ¼d½ ¼2½ ;fn foKku f”k{kd ds dksVk esa xzsM 1 ¼x½ ds osrueku esa xzsM 2 ¼d½ ls ojh;rk ds vk/kkj ij lh/kh fu;qfdr ds fy;s dk;Zjr f”k{kd miyC/k u gks rks oSlh fLFkfr esa xzsM 2 ¼[k½ ls vgZrk izkIr dk;Zjr foKku f”k{kd dh lh/kh fu;qfDr dh tk;sxh vkSj ;fn 2 ¼[k½ esa Hkh foKku f”k{kd dk;Zjr u gks rks 2 ¼x½ ds osrueku ls vgZrk izkir foKku f”k{kd dh lh/kh fu;qfDr dh tk;sxhA lh/ks fu;qDr f”k{kd dks osru fu/kkZj.k dk ykHk ns; ugh gksxk] ijUrq izkir osru dk laj{k.k fn;k tk;sxkA ¼[k½ xzsM 1 ¼[k½ ds osrueku ds in ij xszM 1 ¼x½ ds osrueku esa fofgr dkykof/k iwjh djus okys dk;Zjr f”k{kdksa dks ojh;rk vkSj larks’kizn dk;Z ds vk/kkj ij izksUufr nh tk;sxkA izksUufr ds fy;s okf’kd ojh;rk lwph dk vk/kkj xzsM 1 ¼x½ esa izksUufr@lh/kh fu;qfDr dh frFk gksxhA ,d gh laO;ogkj ¼VªkUtSD”ku½ esa ;fn dqn in izksUufr vkSj dqy lh/kh fu;qfDr ds }kjk Hkjs tk;saxs rks izksUur f”k{kd lh/ks fu;qDr f”k{kd ls ojh; gksxsA ¼x½ xzsM 1 ¼d½ ds osrueku ds in xzsM 1 ¼[k½ ds osrueku esa fofgr dkykof/k iwjh djus okys dk;Zjr f”k{kdksa ls ojh;rk vksj larks’kizn dk;Z ds vk/kkj ij izksUufr }kjk Hkjs tk;saxsA izksUufr ds fy;s okf’kZd lwph dk vk/kkj xzsM 1 ¼[k½ esa izksUufr dh frfFk gksxhAÞ This being the provision in force till 18.12.1989 when the State Government in terms of the resolution of the Finance Department bearing No. 6022 (F)(2) dated 18.12.1989 had revised the pay scale of the teachers with effect from 1.1.1986 which had totally replaced the existing pay scale and the category of post once again was the only provision for giving promotion from Grade III to Grade II and from Grade II to Grade I for filling up the post of 13 B.A./ B.Sc. trained. As a matter of fact after enforcement of the resolution of the Government of the Finance Department dated 18.12.1989 in the case of the teachers of Primary and Middle School the provision for giving promotion on the post of Headmaster had never remained in existence and in fact only the arrangement was to be made by posting the senior most teacher in Grade I i.e. graduate trained scale of pay, for filling up the post of Headmaster. It has to be also noted that even when a graduate trained scale of teacher was assigned the post of Headmaster he was not entitled to draw any additional salary or higher pay scale, rather he had to remain contented with the same graduate trained scale of pay in which he was earlier working. As noted above in the case of all these petitioners, they too were not given any higher pay scale by way of promotion and were merely assigned the post of Headmaster under the orders of the District Superintendent of Education. Once this aspect becomes clear there would be no difficulty in holding that the impugned order literally is not an order of 14 reversion, inasmuch as the petitioners‟ pay scale has been allowed to remain the same i.e. in the graduate trained scale of pay but they have been stripped of the responsibility of holding the post of Headmaster in view of a statutory Rule framed by the State Government under proviso to Article 309 of the of the Constitution of India by the notification dated 8th July, 1993, the relevant portion whereof reads as follows: “1. Short title and commencement.-(1) Those Rules may be called the Bihar Taken Over Elementary School Teachers‟ Promotion Rules, 1993. (2) It shall be deemed to have come into force with effect from 1st January, 1986. 2. Definitions.- In these rules, unless there is anything repugnent in the subject or context-(1) “Establishment Committee” means the committee constituted under rule 3. (2) “Grade” means scale. (3) “Grade-1” means Matric Trained Basic Scale- (1200-2040) (4) “Grade-2” means Matric Trained Senior scale- (1400-2000) (5) “Grade-3” means Matric Trained Selection scale- (1040-2000) (6) “Grade-4” means trained Arts Graduate Senior Scale Rs. (1640-9000) 15 or Trained Selection Graduate Scale (1640-2000) (7) “Grade-5” means Trained graduate senior Scale Rs. (2000-3500) (8) “Grade-6” means Trained graduate selection Grade Scale Rs. (2200-4000). (9) “Grade-7” means Middle School‟s Headmaster basic scale Rs. (2200-4000) (10) “Grade-8” means Middle School‟s Headmaster Senior Scale Rs. (2200- 4000) (11) “Untrained” means those who are not trained as under Clause 12 (12) “Trained” means those who have undergone and passed the following examination-(i) Two years‟ Teachers Training, or (ii) Dip-in-Ed/B.Ed. Training or (iii) one year training in service tenure (13) “Matric trained” means those persons who have passed matriculation or equivalent examination and are trained. (14) “Trained graduate” means those persons who are graduates or possess equivalent qualification and are trained. (15) “Trained post graduate” means those persons who are post-graduates or persons equivalent qualification and are trained. (16) “Fundamental Rules” means the Fundamental Rules framed by Govenment of India for Central Government 16 Employees. 4. Conditions for promotion.- The promotion of a teacher may only be considered on fulfilling the following: (1) He fulfils the minimum prescribed period of service for promotion; (2) He possesses minimum prescribed educational qualification and training promotion; (3) There must be a vacancy meant for the category to which he belongs S.T. or general according to latest rules regarding reservation; (4) He must be eligible for consideration for promotion on the basis of seniority list against the available vacancies; (5) His service is satisfactory. 5. Minimum educational and training qualifications and minimum tenure of service- (1) For promotion to Grade 3- Trained graduate and minimum 12 years of service in grade 2 or Matric trained and minimum 18 years of service in grade 2. (2) For promotion to Grade 4- Trained graduate and minimum 8 years of service in grade 1 in the event of promotion from grade 1 to grade 4 in case of non availability of teachers in grade 3 and grade 2. (3) For promotion to Grade-6.- Trained 17 post-graduate and minimum 12 years of service in grade 5 or trained graudate and minimum 18 years of service in grade 5. (4) For promotion to Grade 7- Trained post-graduate in the event of promotion from grade 4 to grade 7 in case of non-availability of teachers in grade 6 and grade 5 minimum five years of service in grade 5. Provided trained graduate teachers belonging to S.C. and S.T. may also be considered for promotion to grade 7 till 31st March, 1995, if trained post- graduate teachers of those categories are not available. 8. Availability of posts- Establishment Committee shall calculate for each year the vacant posts as on 1st April of that year for promotion. The Establishment Committee shall also calculate the vacant post, for S.C.,S.T. and General category according to the rules for reservation‟ Provided that (1) Promotion from grade 1 to grade 2 from grade 4 to grade 5 and from grade 7 to grade 9 minimum 12 years of satisfactory service shall be necessary in each of grade 1, grade 4 and grade 7 respectively and there shall be no restriction of availability of posts and of reservation rules. 18 (2) For promotion from grade 2 to grade 3 and from grade 5 to grade 6 20% posts of the total number of teachers working in grade 2 and grade 5 respectively on 31st March shall be available. (3) For promotion to grade 4 and grade 7 posts sanctioned by the State Government for different districts shall be available. 10. Order of promotion-(1) The decision for promotion shall be taken after due consideration by the Establishment Committee against the vacant posts. The order of promotion shall be issued under joint signature of D.D.O. and D.S.E. (2) A copy of the order of promotion have be sent to Treasury Officer alongwith advice of D.D.C. 14. Appeal-