Time-bound promotion for teachers after 12 years of service is a fundamental right and compulsory under state rules, ensuring compliance with equality principles in the Constitution.

JUDGMENT :

Purnendu Singh, J.

Heard Mr. Mrityunjay Kumar, learned counsel along with Mr. Mukesh Kumar Singh and Mr. Arinjay Kumar, learned counsel appearing on behalf of the petitioners and learned SC-18 for the State.

2. The petitioners in paragraph no. 1 of the present writ petition have sought, interalia, following relief(s), which is reproduced hereinafter:-

“For issuance of a writ in the nature of Mandamus or any other appropriate writ/order/direction to the respondent authorities to consider and grant time bound promotion to the petitioners upon completion of twelve (12) years satisfactory service on the post of Basic Grade Trained Block / Panchayat Teacher to the next pay scale of Graduate Grade Trained Teacher since the due date of promotion with all consequential service benefits including arrear of differences of salary, according to the provisions contained under the Rule 16(ii) of the Bihar Panchayat Elementary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding and Service Condition) Rules, 2020.

(ii) Further, for any other order / order (s) as your Lordships may found fit and proper under given facts and circumstances of the case.”

3. Altogether twelve writ petitioners have come before this Court claiming that they were appointed between the year 2003 to 2007. The petitioners no.3, 8 and 11 were engaged as Panchayat Shiksha Mitra in the year 2003, while petitioners no. 4, 6, 9 and 12 were also engaged as Panchayat Shiksha Mitra in the year 2005 by the Sukh-Suvidha Committee/Panchayat Employment Committee. The petitioners no. 1, 2, 5, 7 and 10 were appointed as Panchayat Teachers in the year 2007 after coming into force of Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2006 (hereinafter referred to as the ‘Rules 2006’). The particulars relating to each petitioners contained in Chart is Annexure P/1 to the writ petition. Petitioners have claimed that the petitioners had obtained the requisite qualification between the year 2011 to 2012 and have sought to be promoted or entitled for financial up-gradation after having completed kalavadhi of 12 years of their continuous service as Primary teachers (Class I - V) from their effective dates of appointment.

ARGUMENT OF THE PARTIES

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners no. 1 to 5, 7, 8 and 10 were appointed after coming into force of Rules, 2006, while petitioners no. 4, 6, 9 and 12 were appointed during the period 2003 to 2005 as Panchayat Shiksha Mitra. After coming into force of Rules, 2006, they were absorbed w.e.f. 01.07.2006 and their status changed from Panchayat Shiksha Mitra to Primary Teacher or Prakhand Teacher as per their absorption by the respective employment Unit. Since the petitioners were absorbed as Panchayat teachers (Class I-V) or were appointed after coming into force of Rules, 2006 as Panchayat Teacher having Intermediate degree, they appeared in Evaluation / Efficiency (Dakshta) Test as per the 2009 amendment brought in Rules, 2006. They were also sent for training conducted by State Council for Educational Research and Training (SCERT), Bihar Patna. Some of the petitioners have also qualified TET. Petitioners fulfill the mandate of RTE Act, 2009 in respect of their qualification as teachers of Class I-V.

5. Learned counsel informs that Rules, 2006 was repealed by the Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2012 (hereinafter referred to as the ‘Rules 2012’). Rule 15 (f) of Rules, 2012 prescribes for pay of Graduate Trained after 12 years of satisfactory service of Prakhand Teachers. They filed several representations before the different respondent authorities requesting them for preparation of seniority list for giving promotion from the effective dates of eligibility of Niyojit Teachers. Learned counsel further submitted that Rules, 2012 was repealed by theBihar Panchayat Elementary School Service (Appointment, Pr