JUDGMENT :

The matter has been heard through video conferencing with the consent of the learned counsel for the parties. They have raised no complaint regarding audio and visual quality.

I.A. No. 5058 of 2020

2. This Interlocutory Application has been filed for condoning the delay of 03 days, which has occurred in preferring this appeal.

3. Heard learned counsel appearing for the parties.

4. Having regard to the averments made in this application, we are of the view that the appellants were prevented by sufficient cause from preferring the appeal within the period of limitation.

5. Accordingly, I.A. No. 5058 of 2020 is allowed and delay of 03 days in preferring the appeal is condoned.

L.P.A. No. 404 of 2019

6. This intra-court appeal is directed against the order/judgment dated 15.04.2019 passed by learned Single Judge in W.P. (S) No. 4811 of 2014, whereby and whereunder order dated 09.01.2014, by which the claim of the writ petitioner for grant of promotion has been rejected on the ground that as per Bihar (now Jharkhand) Taken Over Elementary Schools Teachers Promotion Rules, 1993 (in short ‘Rules, 1993”) the writ petitioner does not fulfill the eligibility criteria, has been refused to be interfered with by dismissing the writ petition.

7. The brief facts of the case, which are required to be referred herein for proper adjudication of the lis, are as under:

The writ petitioner-appellant joined as primary teacher under UNICEF Plan and was given stipend at the rate of Rs. 125.00 per month. During the relevant period, he was holding qualification as B.Sc. untrained, as such he was granted Matric untrained basic pay of Rs. 205.00 per month w.e.f. 01.04.1975. Further, from 01.04.1977 he was granted Matric trained basic pay of Rs. 230.00 per month and from 07.08.1981 he was granted I. Sc. trained basic pay of Rs. 296.00 per month. After obtaining Diploma in Education on 03.03.1983 he was granted B.Sc. trained scale in the basic pay of Rs. 850-1270. Subsequently, from 01.01.1986 he was granted pay-scale of Rs. 1640-2900 after enforcement of pay commission on 03.03.1995 and on completion of 12 years of service he was granted 1st Time Bound Promotion in the pay-scale of Rs. 2000-6500.

The Government took a decision vide letter no. 3025 dated 22.11.1995 to the effect that vacancy existing till 31.12.1985 of primary teacher will be filled up on the basis of seniority list prepared prior to 01.01.1986. It is the case of the writ petitioner-appellant that prior to Rules, 1993 direction contained in memo no. 2440 dated 18.12.1984 shall remain in force.

The matter of promotion of writ petitioner along with others was agitated before the respondents vide letter no. 21 dated 05.01.2002 by their association, namely, Jharkhand Rajya Prathmik Shikshak Sangh, whereupon, the Regional Education Officer and Block Education Officer, Koderma, Jainagar, Satgawan and Markacho were directed to prepare and furnish the details of teachers working/retired or dead as on 01.01.1986 in the prescribed performa along with service book so that seniority list may be prepared and they may be granted promotion in the higher grade. Pursuant thereto, seniority list till 31.12.1985 of teachers working as B.Sc. trained in Koderma District was prepared but the decision for promotion was not taken, which led the aggrieved to approach this Court by filing writ petition, being W.P. (S) No. 2394 of 2004, through their association, namely, Rajya Prathmic Shikshak Sangh, for issuance of writ in the nature of mandamus commanding upon the respondents to consider and grant promotion with retrospective effect to the teachers in the district of Koderma.

The writ Court vide order dated 04.05.2004 disposed of the writ petition with a direction to respondent no. 5 to take appropriate action/decision in accordance with law within a period of three months from the date of receipt of copy of the order on the representation of the writ petitioner, which shall be filed by the members of the petitione