BENI MADHAW YADAV Vs. STATE OF JHARKHAND
LAWS(JHAR)-2018-6-73
HIGH COURT OF JHARKHAND
Decided on June 14,2018

Beni Madhaw Yadav Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

S.N. Pathak, J. - (1.)Heard learned counsel for the parties.
(2.)Petitioner has approached this Court with a prayer for quashing Clause (v) of Rule 15 of the Govt. Resolution/Policy Decision, contained in Memo No. - 8/vi. 1-281/2007/3027 Ranchi dated 14.12015, issued under the seal and signature of the Secretary, School EducationLiteracy Department, Govt. of Jharkhand, wherein it is mentioned that the teachers appointed on compassionate ground will not be given the similar benefits as indicated in clause (i)(ii) of Rule 15. Petitioner has further prayed for a direction upon the respondents to grant Grade I from the date of their respective joining and further
Grade-II, Grade-IV to the petitioner who has completed sufficient length of service for the said promotion, in view of the fact that the petitioner was entitled to his in-service training from a Government Training College immediately after their joining but because of delay and laches on the part of the respondents, delay has occurred in conducting training and after examination, publication of their result. Action of the respondents is contrary to the Judgment passed in Balwant Sahay [W.P.(S) No. 4235 of 2004] which is affirmed in L.P.A. No. 214 of 2008 and analogous L.P.A. No. 359 of 2008 [State of JharkhandOthers Vs. Balwant Sahay] and also not interfered by the Honourable Supreme Court in S.L,.A. No. 5520/5522 of 2013, in the facts and circumstances of this case.

(3.)The facts of the case in short is that petitioner had been appointed as Assistant Teachers upon the recommendation of the District Compassionate Establishment Committee on sanctioned and vacant post and there had been no legal impediment with respect to his appointment where he had continued uninterruptedly and continuously. Petitioner, while being in service, had augmented his career after taking due permission. He had also undergone and passed in service Teachers' Training Examination. In view of Circular/Letter of the Government, dated 11.11.1975, seniority of a Teacher shall not be affected in any manner by not passing or not undergoing basic training and hence, petitioner is entitled for recknoing his seniority from the date of his joining and not from the date of his passing the Teachers' Training Examination. Due to wrong stand of the respondents regarding counting of seniority, petitioner and several others who had completed requisite length of service and are eligible, are not being promoted in appropriate scale.


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