The petitioners have filed three separate writ petition, seeking an identical relief arising out of the same cause of action and, thus, all the three writ petitions are being disposed of by this common order.

2. Common prayer in the aforesaid three writ petitions is for issuance of an appropriate writ in the nature of mandamus or any other appropriate writ, commanding upon the concerned respondents to immediately and forthwith allow them the unrevised Graduate Trained Pay Scale of Rs.850-1360/-in the 4th Pay Scale and the subsequent replacement scales of pay in the 5th Pay Scale with effect from the respective dates on which the petitioners acquired teachers training in the light of the Government letter no. F/Wa 1-08/80 Ed. 50 dated 20.2.1981.

3. The facts, in brief, are stated as under:

Under the UNICEF Plan, Science Teachers were to be appointed in Primary Schools running up to Class-VIII as Additional Science Teachers. The then Education Commissioner, Bihar, Patna, vide its letter no.285 dated 20.1.1979, addressed to all the District Superintendents of Education, communicated the said decision by letter dated 20.2.1981 of the Special Secretary to the Government that 2300 Units of Science Teachers were to be created in Non-Scheduled Areas. Specific condition was stipulated that even untrained Science Teachers could be appointed with a condition that they will have to proceed for training, failing which their services will stand terminated. It was also desired that untrained Teachers were to be paid stipend at the rate of Rs.150/-per month and only on clearing the training, they will be allowed the pay scales, as admissible to the Trained Teachers with effect from the date(s), they clear the training.

On 20.11.1982 the Education Commissioner, Bihar, Patna, addressed to all the District Superintendents of Education, informing the scale of pay applicable to the Teachers appointed on stipend basis. By the said letter the scales of pay of Graduate Untrained Teachers was fixed at Rs.680-965/-and the Graduate Trained Teachers were allowed the scales of pay at Rs.850-1360/-. Pursuant to recommendation by the Establishment Committee and selection, the petitioners were appointed under the orders of respondent no.4 in the year, 1981 and they joined the Middle Schools and submitted their joining on different dates in different Middle Schools as Science Teachers. The writ petitioners were appointed as Untrained Science Teachers in different Middle Schools.

By an office order dated 19.7.1982 the petitioners were allowed I.Sc. Untrained Pay Scale of Rs.680-965/-with effect from 1.4.1982. The petitioners were sent for training and after completing intensive training for one year, they passed the said examination conducted by the Bihar School Examination Board and acquired the training on 1.5.1989.

4. Mr. A.K.Mehta, learned counsel for the petitioners submit that the District Superintendent of Education prepared gradation lists of Science Teachers in the year, 1994, 1995, 1996 and 1998 but they were never finalized. The last gradation list was issued in the year, 2002. It is further submitted that as per letter no. 2277 dated 20.9.2002, issued by respondent no.4, the total number of vacant post for B.A. Trained was 19 whereas for B.Sc. Trained was 47. The petitioners represented on 8.10.2001 that they should be allowed Graduate Trained Pay Scale and they are legally entitled for the same from the date when they acquired the qualification of training and finally they filed the present writ petitions.

5. The respondents’ main submission is that as per Bihar Taken Over Elementary School Teachers Promotion Rules, 1993 (in short “Promotion Rules, 1993”), meant for Bihar State Owned Primary School Teachers as per Circular no.1792 dated 8.7.1993, issued by the Secretary, Human Resources Development Department of the then undivided State of Bihar was applicable to the State of Jharkhand. It has also been submitted that petitioner no.3 in W.P.