JUDGMENT :

1. Heard Mr. Prabhat Kumar Sinha, learned counsel for the petitioners and Mr. Ankit Kumar, learned counsel for the respondent-State.

2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. The petitioners have preferred this writ petition for direction upon the respondents to consider the petitioners in Grade-1 from the date of their respective appointment for the purpose of fixing their seniority as the petitioners were given the scale of Matric trained teachers from the date of their appointment and also for a direction upon the respondents to give benefits of Grade II/V scale after completion of 8/12 years of the petitioners’ service. Prayer has also been made for quashing of Clause 15(vii) of Government Resolution No. 3027 dated 14.12.2015 contained in Annexure-9 whereby it has been decided to fix the pay scale in Grade-1 as per the letter no. 4568/F dated 05.07.2002 which is against the spirit of order passed in W.P.(S) No. 638 of 2006 and fix the pay scale of the petitioners in the same scale in which scale of the trained teachers has been fixed.

4. All the petitioners (including compassionate appointees) are teachers, appointed in different years, working in different Govt. Schools in the district of Giridih, Jharkhand. At the time of appointment, all the petitioners were untrained teachers however, they were either Graduate or Post Graduate. These untrained teachers in view of orders passed by the Hon'ble Patna High Court were sent for training and successfully completed the said training. After acquiring the requisite training, the respondents granted the Grade-I Scale to the petitioners from the date of completion of training. Subsequently, Grade-II scale have also been granted to the some of the petitioners by reckoning the Grade-I from the date of acquiring of training and not from the date of joining. Aggrieved by the said decision of the State Government, the some of the teachers approached this Court in case of Arun Sinha & Ors. Vs. the State of Jharkhnad & Ors. in W.P.(S) No. 638 of 2006, whereby and whereunder, it has been held that the case of the petitioners in that writ petition should be considered for fixing their seniority from the date of their appointment. They should also be considered for giving benefit of Grade-IV scales after completion of 8/12 years of the services. This observation of the Court was affirmed up to Hon'ble the Apex Court. It is the further case of the petitioners that in view of the observations of the Hon'ble Courts, the petitioners are entitled for grant of Grade-I scale from the date of their joining and thereafter, all subsequent promotions/scales ought have to be given to the petitioners by counting their seniority from the date of their joining in service. Thereafter, the respondents have issued a Resolution bearing No. 3027 dated 14.12.2015 regarding grant of Grade-I scale from the date of joining to the teachers appointed in between the year, 1994-2000. Petitioner nos.1 to 16 were appointed on various dates in the year, 1994 whereas, petitioner nos. 17 to 26 were appointed on the various dates in the year, 2000. Petitioners who were appointees of years other than as mentioned above, does not find place in the aforesaid Resolution dated 14.12.2015 and such benefits were not granted to them. The petitioners are mainly aggrieved by the non-consideration of their cases for grant of Grade-I scale from the date of their joining and further to grant of subsequent grades with all consequential benefit and also to extend the benefits of Resolution dated 14.12.2015. As the said benefits were not granted to the present petitioners, they have rushed to this Court, by filing this writ petition.

5. Learned counsel appearing on behalf of