IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (S) No. 73 of 2008 Prem Nath Das Versus The State of Jharkhand and others --CORAM: Respondents Petitioner

The Honble Mr. Justice D.G.R. Patnaik

For the Petitioner: Mr. C.K. Trivedi, Advocate For the Respondents: JC to GA --3. 02.02.2009 Petitioner is an Assistant Teacher under the respondents. He has claimed that after completing 12 years of service, he is entitled to the benefits of the first ACP which has been denied to him. It is submitted on behalf of the petitioner that the petitioner, who is a Graduate, is untrained teacher, but pursuant to the notification issued by the Government, the petitioner has been receiving salary in the pay scale of matric trained teachers and the benefits of first time bound promotion extended to the matric trained teachers are to be given to such teachers who have completed 12 years of teaching. The claim of the petitioner is that he has completed 12 years of continuous service in the teaching line in the year 2000. He had submitted representations on the several occasions, first of which was filed on 10.1.2006, copy of which has been annexed as annexure-3 to this writ application. Learned counsel refers in this context to the notification No. 9/B 30117/88/Education/448 dated 15.3.1988 issued by the Department of Education, Government of Bihar which says that if any teacher in one pay scale has completed 10 years and no promotion has been given to him, then he shall be provided with next higher scale of pay after completion of 10 years of continuous service. This promotional benefits and upgradation to the next higher pay scale shall also be made available to the untrained teachers. Though, no counter-affidavit has been filed on behalf of the respondents, but counsel for the respondents submits that the petitioners representation has not been disposed of and the same is still under consideration. In the light of the above facts, petitioner is directed to file a fresh representation before the concerned authorities of the respondents along with a copy of this order, stating his claim and the grounds in support thereof and within three months from the date of receipt of the representation, the concerned authorities of the respondents shall dispose of the same by passing a reasoned and speaking order and shall effectively communicate such decision to the petitioner. With this observation, this writ application is disposed of. Let a copy of this order be given to the counsel for the respondent State.

(D.G.R. Patnaik, J)
Ranjeet/