The cancellation of an employee's promotion without a hearing violates principles of natural justice.

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 03-12-2025 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

2. The petitioner in the present writ application has prayed for the grant of following reliefs:-

i.) For issuance of an appropriate writ in the nature of certiorari for quashing memo no. 543 dated 11.03.2024 issued by the District Education Officer, Buxar and the District Programme Officer (Establishment), Buxar so far as it relates to the petitioner, as by the said letter, the graduate trained pay scale granted to the petitioner in the year 2012 vide memo no. 2637 dated 25.09.2012 issued by the District Education Officer, Buxar and the District Programme Officer (Establishment), Buxar has been cancelled with immediate effect only on the ground that they have shown the session of intermediate and the teachers training to be the same, without considering the fact that the session 1985-1987 and the teachers training session of the petitioner was 1986-1988 and only after completion of the classes of intermediate, he had applied for teachers training in the year 1987, for which, the session was 1986-1988 and as the petitioner after completion of his classes was only to appear in the examination of intermediate and as the teachers training session was late, he took the admission in the month of January, 1987 for completion of his teachers training and, therefore, the same cannot be said to be the same session and only on that ground, the petitioner cannot be demoted / reverted to the scale of matric trained pay even though, he is having the requisite qualification i e graduation and the post-graduation.

ii.) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to restore the position of the petitioner in the scale of Graduate Trained Pay and allow all monetary and consequential benefits including shifting the date of his promotion in the scale of graduate trained pay from the due date of his entitlement and also granting the scale of Headmaster as per Bihar Nationalized Elementary Teacher Promotion Rule, 1993 in the light of the order passed by this Hon'ble High Court in the case of similarly situated teachers vide CWJC No. 15610 of 2018 ( Raghvendra Sharma and Others vs. The State of Bihar and Others ), as the petitioner had joined as an Assistant Teacher on 19.05.2001, and is entitled for grant of graduate trained pay scale after completion of eight years of service and, thereafter the scale of Headmaster from the due date of his entitlement but he has erroneously been deprived from the said benefits on erroneous grounds, whereas in the light of the aforesaid order of this Hon'ble High Court, several similarly situated teachers date of promotion in graduate trained pay scale has already been shifted and they have already been granted the scale of Headmaster from the due date of their entitlement and they have been given all consequential and monetary benefits but the petitioner has been deprived till date.

iii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to include the name of the petitioner in the list of teachers for grant of graduate trained pay scale with retrospective effect and the scale of Headmaster from the due date of his entitlement along with all consequential benefits.

iv.) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the case of the petitioner in the light of the order passed by this Hon'ble High Court in CWJC No. 15610 of 2018 ( Raghvendra Sharma and Others vs. The State of Bihar and Others ) and grant all monetary and consequential benefits of promotion 10 graduate trained pay scale and the scale of Headmaster from the du