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2022 Supreme(Pat) 806

SANJEEV PRAKASH SHARMA
Raghvendra Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: Mr.Umesh Kumar Mishra.
For the Respondents: Mr. Mrigendra Kumar.

Sanjeev Prakash Sharma, J.—Heard the parties.

2. The petitioners have preferred this petition praying for granting them promotion in graduate trained pay scale as well in the scale of Headmaster from the date of entitlement along with the monetary benefits.

3. Learned counsel for the petitioners submits that before promulgation of Bihar Elementary Schools Teachers Promotion Rules, 2011, the Bihar Taken Over Elementary Schools Teachers Promotion Rules, 1993 (hereinafter referred to as, “Promotion Rules of 1993”) were in force. A protracted litigation continued before this Court with regard to method and manner in which seniority list is to be prepared. Considering that there were different conflicting verdicts of Division Bench, the matter was referred to Larger Bench and the Full Bench of this Court vide its judgment dated 21.04.2009 held that the seniority list of science teachers and the arts teachers was to be prepared separately in accordance with the then existing Promotion Rules of 1993. It further held that the draft Rules of 2006 could not be acted upon for making promotions for earlier vacancies.

4. Learned counsel for the petitioners submits that directions were issued by th

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