The settlement of disputes related to teachers’ training and the finalization of the seniority list are crucial for determining entitlement to promotion under the relevant rules.

JUDGMENT :

Through Video Conferencing

Heard Mr. Pankaj Kumar, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Sharad Kaushal, learned counsel appearing on behalf of the respondents.

3. This writ petition has been filed for the following relief :

“(i) For a direction upon the respondents to immediately and forthwith grant promotion to the petitioner to grade IV which has accrued to the petitioner on account of completion of 8 years of service in grade I.

(ii) For a direction upon the respondents to immediately and forthwith grant promotion to the petitioner to grade VII which would accrued to the petitioner on account of completion of 5 years of service in grade IV.

(iii) For a direction upon the respondents to immediately and forthwith calculate and grant all the arrears of salary that would accrue to the petitioner on account of his promotion to grade IV and thereafter to grade VII,

(iv) For a direction to calculate and make payments of all the arrears along with interest,

(v) For a direction upon the respondents to show cause as to under what authority of law they have adopted a pick and choose method while granting the grade IV to various teachers in Sahibganj district and also state the reasons for discriminating the case of the petitioner from the other similarly situated teachers as well as juniors who have been granted grade IV.”

Arguments of the Petitioner

4. The learned counsel for the petitioner has submitted that the petitioner is governed by the Rules of promotion namely Bihar Taken Over Elementary School Teachers’ Promotion Rules, 1993 (hereinafter referred to as the aforesaid Promotion Rules of 1993) and as the per the rules of promotion, the petitioner is entitled to Grade 4 upon completion of 8 years of service in Grade 1 and then to Grade 7 upon completion of 5 years of service in Grade 4.

5. The learned counsel has further submitted that the petitioner was appointed as teacher on 28.01.1988 with educational qualification of B.Sc. and M.Sc. and after joining the petitioner obtained teachers’ training for which the certificate of training was issued on 20.04.1988 from David Hare College of Correspondence College, Kolkata.

6. He submits that there was a dispute regarding validity of teachers’ training of the petitioner and many others from David Hare College of Correspondence College, Kolkata on the ground that the said college was not recognized by NCTE (National Council of Teachers’ Training) and ultimately the issue has been settled by virtue of the order contained in Annexure – 2 passed pursuant to order passed by this Court in W.P.(S) No.2780 of 2006 with W.P.(S) No.4954 of 2006 in which the petitioner was also the party. He has referred to Annexure - 2 to submit that the name of the petitioner appears at Sl. no.1; the date of appointment has been mentioned as 1988 and the date of passing of the teachers’ training examination has been shown as 20.04.88. The learned counsel submits that in view of the aforesaid order contained in Annexure – 2, the petitioner became entitled for promotion under the aforesaid Promotion Rules of 1993.

7. The learned counsel submits that the petitioner, through the Association, has raised objection regarding the seniority list, but as per the writ petition, the said seniority list has not been finalized and the representation challenging the seniority list has also not been disposed of. The learned counsel submits that some to the teachers, who were trained subsequently have been granted grade 4 vide memo number 706 dated 31.03.2020 (Annexure – 6). The learned counsel submits that the petitioner has been deprived of promotion and therefore, the present writ petition has been filed seeking a mandamus upon the respondents.

Arguments of the Respondents

8. The learned counsel appearing on behalf of the respondents has submitted that an order contained in Memo No.6752 dated 24.12.2020 has been passed indicating that there was a complete ban in the matter of promotion with immedia