Chandramauli Kr. Prasad, J.

1. This application has been filed for grant of a writ in the nature of certiorari for quashing the order, as contained in memo dated 7.9.1999 (Annexure 9), whereby the prayer made by the petitioner for grant of Graduate Trained Scale from the year 1986 has been rejected. Further prayer made by the petitioner is to issue a writ in the nature of mandamus commanding the respondents to grant to the petitioner the Graduate Trained Scale from the year 1986.

2. Shorn of unnecessary details, facts giving rise to the present application are that by order dated 13th of September, 1982, the petitioner was appointed as Assistant Teacher in the Matric Trained Scale. He had passed the Bachelor of Education Examination in November, 1986. The State Government by its letter as contained in memo dated 23rd of May, 1984 (Annexure1) took decision to fill up the posts of Graduate Trained Teachers from the existing Intermediate/Matric trained teachers having requisite qualification. In case, however, sufficient number of such teachers are not available. Matric untrained teachers were also made eligible for appointment as such.

3. It is the assertion of the petitioner that in pursuance of the aforesaid decision, a panel was prepared and sent for approval of the Director, but no decision was taken in regard thereto and no promotion was made. It is further assertion of the petitioners that 46 persons were appointed as Graduate Trained Teachers, which later on have been cancelled, but according to the petitioner, some of them are still continuing.

4. Later on, School Selection Board issued Advertisement No. 2 of 1992 (Annexure 4) for recruitment to the post of Graduate Trained Teacher and the desirous candidates were asked to submit their application in between 7.8.1992 to 5.9.1992. However, before any recruitment could take place in pursuance of the resolution dated 23.5.1984 or Advertisement No. 2 of 1992, the State Government in the Department of Welfare came out with resolution dated 13th of November, 1992 which, inter alia, provided for appointment to the post of Graduate Trained Teachers by direct recruitment and by promotion. The said resolution provided that 50% posts shall be filled up by direct recruitment whereas 50% shall be filled up by promotion from amongst the Intermediate Trained and Matric Trained Teachers, having experience of three years and eight years respectively. In pursuance of the said decision, 277 persons have been appointed as direct recruit whereas 244 persons have been promoted in the year 1994, which included the petitioner.

5. It seems that the petitioner filed application for placing him higher in the gradation list, inter alia, contending that he ought to have been promoted in the Graduate Trained Scale in the year 1986, which was registered as CWJC No. 8907 of 1996 (Bijay Prakash Gupta vs. The State of Bihar and Ors.). This Court by order dated 27.4.1998 (Annexure 8) disposed of the writ application giving liberty to the petitioner to represent his case before the Director of Welfare Department, who in turn was directed to dispose of the representation of the petitioner within the stipulated time. Petitioner in the light of the liberty given by this Court, filed representation, inter alia, claiming for grant of Graduate Trained Scale from the year 1986 and for correction of his position in the gradation list. The Director Welfare by the impugned order dated 7.9.1999 (Annexure 9) rejected his prayer. Aggrieved by the same, petitioner has preferred this application.

6. Mrs. Mahashweta Chatterjee appearing on behalf of the petitioner contends that the respondents having taken the decision as contained in letter dated 23.5.1984 (Annexure 1) to fill up the posts of Graduate Trained Teacher from the Intermediate/ Matric Trained Teachers and, in fact, prepared a panel and sought its approval by the Director Welfare, ought to have completed the process of selection and promoted the petiti