The State of Bihar v. through the Secretary, Primary Education, Government of Bihar, Patna
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12809 of 2005 ====================================================== 1. Mushtaque Ahmad son of late Naziruddin, resident of village Kamaldaha, P S – Araria, District – Araria, at present posted as an Assistant Teacher, Primary School Titahia (Binodpur), Anchal Raniganj-2, P S – Raniganj, District – Araria. 2. Wakil Ahmad son of late Sk. Ghulam Nabi, resident of village – Matiari, P S – Joki Haat, District – Araria, at present posted as an Assistant Teacher, Middle School Araria Basit, Anchal Araria-1, P S – Araria, District – Araria. 3. Md. Shoeb Alam son of late Sk. Alauddin, resident of village – Majgawan, P S – Mahalgaon, District – Araria, at present posted as Head Master Primary School, Rupaili West, Anchal Raniganj-2, P.S. Araria, District – Araria. 4. Jaideo Kumar Das, son of late Kalicharan Das, resident of village Sukarna, P S – Kochadhaman, District – Kishanganj, at present posted as Headmaster, Primary School, Geohwan Anchal and P S – Jalalagarh, District – Purnea. 5. Md. Ishtiaque Ahmad, son of late Sk. Hamidur Rahman, resident of village – Shadipur, P S – Jalalgarh, District - Purnea at present posted as an Assistant Teacher, Primary School, Bhoona South, Anchal Joki Haat-2, P S – Mahalgaon, District – Araria. 6. Md. Shamsul Hoda son of Ashraf Ali, resident of village Masuria, P.S. Mahalgaon, District – Araria at present posted as Headmaster, Primary School Piparpanti, Anchal and P S – Jalalgarh, District – Purnea. 7. Md. Nasimuddin son of Sk. Maslehuddin, resident of village Jhamta, P.S. Tara Bari, district – Araria, at present posted as an Assistant Teacher, Primary Shool Deopura, Anchal – Forbesganj, P.S. Simraha, District – Araria. 8. Shaiqul Islam son of late Majidullah, resident of village – Kursail, P. S Mahalgaon, District – Araria, at present posted as an Assistant Teacher Hayatpur Balak, Anchal Araria-1, P S Araria R.S., District – Araria. 9. Md. Noor Alam son of Sk. Tasawwar Ali, resident of village Kursail, P S – Mahalgaon, District – Araria, at present posted as an Assistant Teacher, Primary School Kadwa, Anchal Raniganj-2 P.S. Araria R.S. Distirct – Araria. .... .... Petitioner/s 1. The State of Bihar Versus through the Secretary, Primary Education, Government of Bihar, Patna.
Legal Reasoning
2. The Director, Primary Education, Government of Bihar, Patna. 3. The District Magistrate, District – Araria and Purnea. 4. The District Superintendent of Education of District Araria and Purnea. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Md.Jalaluddin Mr. Arvind Kumar Sinha For the Respondent/s : Mr. (SC5) ====================================================== 2 Patna High Court CWJC No.12809 of 2005 (7) dt.31-01-2013 2 / 5 CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 7 31-01-2013 When writ application was initially taken up it was ordered to be listed after disposal of LPA No.474 of 2003 and other
Decision
analogous cases. That bunch of LPA now has been disposed of by virtue of a Division Bench’s decision rendered on 23rd September, 2010. A large number of cases had been trickling in the High Court on the question of pay-scale to which untrained assistant teachers in the elementary schools of Bihar were entitled to. Those matters were heard together and disposed of by the Division Bench where various facets of the dispute have been discussed including the stand of the State in the face of the rules, which did not allow or entitle such persons to a particular kind of pay-scale in absence of training. 2. All told, the Division Bench gave its opinion in para 30 and 31, which is reproduced herein below: “30. Coming to the last issue, we find merit in the submission advanced on behalf of the appellants that due to inability of the State Government to hold the required examination within a reasonable time, the appellants who were successful, have suffered undue hardship. In that view of the 3 Patna High Court CWJC No.12809 of 2005 (7) dt.31-01-2013 3 / 5 matter, when the examination could not be held within two years in spite of directions of the Apex Court and even later, as per directions of this Court, we are of the view that the State Government which has the necessary powers, must take steps to relax rule 11 of the Rules as a one time measure within a reasonable time and take a prompt decision to grant matric trained scale to the teachers who have passed the in-service training examination in June, 2005 from any date which may be found suitable and reasonable so as not to affect such teachers adversely for the unusual delay in holding the training examination. It would be reasonable and appropriate to grant matric trained scale to such teachers as indicated above from any reasonable date, may be from the date when the period of two years fixed by the Apex Court for completing the training of such teachers expired without compliance or even from 1-10-2003, i.e. 4 Patna High Court CWJC No.12809 of 2005 (7) dt.31-01-2013 4 / 5 when actual payment in Matric trained scale was stopped. Keeping in view the requirements of Article 14 of the Constitution, benefit of advancing the date for grant of Matric trained scale, as indicated above will also be made available to such teachers who may pass the training examination in the second attempt. For them the date will vary but benefit should be on same lines as given to those who have passed in the first attempt. 31. We, accordingly direct the respondents to take appropriate decision in the light of observations and directions indicated above within three months from today.” 3. Since there is already a direction by the Division Bench to proceed in such matter and take a decision within the time frame, of which we are not aware as to its implementation as yet, the present writ application is disposed of with a direction upon the respondents especially the Director, Primary Education, Government of Bihar that claim of these petitioners will also be considered in light of the observations of the Division Bench 5 Patna High Court CWJC No.12809 of 2005 (7) dt.31-01-2013 5 / 5 quoted hereinabove. Writ is disposed off in light of above. (Ajay Kumar Tripathi, J) R.K.Pathak/-