RANCHI, India, Feb. 19 -- Jharkhand High Court issued the following order on Jan. 19:

1. Heard learned counsels for the parties.

2. The instant application has been preferred by the petitioners for the following relief:-

(i) For issuance of an appropriate writ, order or direction to the respondents to grant them Grade-I, consequential monetary benefits.

(ii) Promotion from Grade-I to Grade-III treating them as a Trained Teacher from the date of their respective appointment/joining.

(iii) Further to extend all consequential pensionary benefits/retiral benefits including interest thereon for the delay, till date for which they are qualified and eligible.

3. Learned counsel for the petitioner submits that the petitioners being Untrained Graduate/Post Graduate, applied for the post of teacher and after being found successful they have been issued appointment letter in the year 1983. Subsequently, they were sent for training in the session 1988-1989 and 1989-1990 respectively and result of both were published in the year 1992. Service book of the petitioners was also opened in which the petitioner no.1 was qualified I. Sc. Untrained, B.Sc. and M.A. Similarly, qualification of petitioner no. 2 has been mentioned as I.A. Untrained, B.A. and M.A. Both the petitioners have passed their teachers training examination from Bihar School Examination Board in 1st Division in the year 1992 and thus became trained teachers and both the petitioners were duly qualified for promotion in Grade-II and III upon fixation of their Grade-I from the date of their appointment/joining.

Learned counsel further submits that several Writ Petitions were filed by different teachers and petitioners also preferred separate Writ Petition along with other persons namely Parmeshwar Ram and others in WP(S) No. 4305 of 2015 which was disposed of by order dated 04.12.2018 directing the respondent to decide the representation of the petitioners by passing a speaking order and if the case of the petitioners is covered under the judgment rendered in the case of Arun Sinha, the consequential relief can be granted.

Learned counsel further draws attention of this Court towards the decision rendered by this Court in the case of Arun Sinha and others vs. The State of Jharkhand and others (W.P.(S) No.638 of 2006), whereby this Court has directed the respondents to grant Grade-I scale to such teachers who has been provided training with much more delay and respondents were also directed to give seniority from the date of appointment.

Learned counsel further submits that the said order passed in the case of Arun Sinha (supra) was challenged before the Division Bench and the Division Bench has dismissed the said appeal and further, the order passed by the learned writ court in Arun Sinha's case was upheld up-till Supreme Court as the Hon'ble Apex Court did not interfere with the order passed by the writ court.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1dwYGN6b4coN%2BQNr1nC9EnBrHD39RaggLu%2B0yXN7farG1&caseno=WPC/2784/2020&cCode=1&cino=JHHC010214042020&state_code=7&appFlag=)

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