Patna High Court
Hare Krishna Yadav And Ors., Awadhesh ... vs State Of Bihar And Ors. on 16 March, 1994
Equivalent citations: 1994(2)BLJR1287
JUDGMENT G.C. Bharuka, J.
1. These writ applications have been filed by the petitioners for quashing the orders contained in Memo, dated 22-12-1990 and 23-12-1990 being Annexures 4, 2 and 3 to the respective writ applications by which the promotions granted to them in higher grades have been cancelled having been found to be irregular for various reasons stated in the impugned orders.
2. The petitioners before us claim to be the assistant teachers serving in various elementary schools situated in the district of Purnea which are said to have been taken over by the State Government under the provisions of the Bihar Non-Government Elementary School (Taking Over of Management and Control) Act, 1976 (hereinafter in short the 'Act' only). The further case of the petitioners is that they were favoured with promotion in higher grades as per the communication made by the District Superintendent of Education, Purnea but the same has been cancelled by the impugned orders illegally.
3. The facts and the questions raised in the present cases are almost identical to similar cases decided by a Bench of this Court in the case of Md. Tarique Alam and Ors. v. State of Bihar and Ors. 1992(2) BLJ 617, which was disposed of on 17th July, 1992, with the following directions:
(a) The District Education Officer, Purnea and the District Education Establishment Committee shall classify the cases in batches in the following groups:
(i) Where no recommendations/approval of the District Education Establishment Committee was obtained.
(ii) Where the cases of the seniors have been left out.
(iii) Where the orders of promotion are forged one.
(b) Mrs. Jain, learned Counsel appearing on behalf of the petitioners as also the learned Counsel appearing on behalf of the State agreed that as the inquiry in the aforementioned matter is to be limited to the documents which are available in the office of the District Education Officer, it will not be necessary to give opportunity of hearing to each of the teachers individually. In this view of the matter we direct that the District Education Establishment Committee shall scrutinise all the records as also the orders of promotion passed in favour of the concerned teachers in presence of the President and General Secretary of the Teacher's Association. The affected teachers against whom the impugned orders have been passed and/or those who have been affected by reason of non-consideration of their cases may file their respective representations together with all connected papers before the President and the General Secretary of their Association, who may verify the records in the light of the said documents.
(c) In case it is found that either the orders of promotion were passed without approval of the District Education Establishment Committee or ignoring the case of the senior teachers and/or said orders are forged documents, the impugned orders shall stand.
(d) However, if in case of some teachers, it is found that the orders of promotion were passed upon compliance with the Rules and/or Article 16 of the Constitution of India, the impugned orders as against them shall be recalled.
(e) The requisite orders in these matters should be passed within two months from the date of receipt of the copy of this order.
(f) However, in case where it is found that in absence of proper gradation list it is not possible for the District Education Establishment Committee and/or the representatives of the teachers to come to a just decision in that event a tentative gradation list would be prepared within three months from the date of receipt of the copy of this order and final gradation list should be prepared within a period of two months thereafter and in the meanwhile at least one mouth's time should be given to the affected teachers to file their objections to the draft gradation list. Once the final gradation list is published, the District Education Establishment Committee shall pass appropriate orders of promotion in accordance with law keeping in view the sanctioned strength of each cadre, the existing vacancy etc.
4. In the present cases counter-affidavits have been filed on behalf of the Director, Primary Education, as well as District Superintendent of Education, Purnea, wherein it has been stated that the gradation list could not be finalised as per the directions as aforesaid because of the following reasons:
(a) Area Education Office was directed to get bio-data of teachers of their area with relevant documents.
(b) Some of Area Education Officer did not submit the papers.
(c) Again they were directed for collection of the same.
(d) Almost all the teachers have submitted required document except 110 teachers.
(e) By Memo. No. 5726-34, dated 8-6-1993 the Area Education Officer concerning 110 teachers were directed for compliance without delay.
(f) Again they have been directed for compliance of the above order.
(g) Several teachers whose promotion was cancelled were not included in list by Area Education Officer, so the direction dated 8-6-1993, aforesaid was required.
5. It may be noticed here that during the pendency of these writ applications the State Government has now framed Statutory Rules, namely, Bihar Taken Over Elementary School Teachers Promotion Rules, 1993, which have been published in the official Gazette on 9th July, 1993 laying down the principles and procedure for finalisation of seniority list, the conditions of promotion and ancillary matters. We have considered in detail the stand of the State Government and the concerned authorities regarding principles which will govern the grant of promotions to assistant teachers in C.W.J.C. No. 4352 of 1993 and analogous cases (Bati Ram Choudhary and Ors. v. The State of Bihar), which has been disposed of today with a direction that final orders regarding grant of promotion to assistant teachers of taken over elementary schools should be taken by all the District Education Establishment Committee by 30th June, 1994. The present writ applications, therefore, also stand disposed of subject to the directions as aforesaid. Any how, there will be no order as to costs.
Gurusharan Sharma, J.
6. I agree.