Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21200 of 2012 ====================================================== Laljee Ram s/o late Laxaman Ram, r/o Village Sikaraul, P.O. Sikaraul, P.S. Rajpur, District Buxar. .... .... Petitioner/s Versus 1.The State Of Bihar through Special Secretary cum Commissioner, Human Resource Development Department, Bihar, Patna. 2.The Director, Primary Education Human Resource Development Department, Bihar, Patna. 3.The Regional Deputy Director of Education, Patna Division, Patna. 4.District Education Officer, Buxar, District Buxar. 6.The District Program Officer, Establishment, Buxar. 7.The District Education Establishment Committee, Buxar. 8.The Treasury Officer, Buxar. 9.The Area Education Officer, Buxar. 10.The Block Education Officer Itadhi, District Buxar. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajni Kant Pandey, Adv. For the Respondent/s : Mr. A.S. Jha SC-14. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 19-11-2013 Heard learned counsel for the parties. The prayer of the petitioner in this writ application reads as follows:- "to promote to the petitioner as graduate art teacher according to the seniority list issued by B.P.S.C., and for issuance a writ order of direction in the nature of mandamus commanding the respondent to stay the implementation of the departmental letter No. 2637 dated 25.09.2012 during pendency of writ petition and/or may be pass other and further order which the petitioner is entitled to." Learned counsel for the petitioner in support of the aforementioned prayer has basically concentrated on the
Legal Reasoning
Patna High Court CWJC No.21200 of 2012 (2) dt.19-11-2013 2 aspect that refusal to consider the case of the petitioner for grant of B.A trained pay scale on the ground that the petitioner did not obtain the permission of the appellate authority while undergoing the graduation course is both factually and legally incorrect. In this regard, he has firstly submitted that from the tentative gradation list which would become clear that the petitioner had while undergoing graduation through correspondence course had obtained the permission of his immediate controlling authority and that is how the name of the petitioner was included in the tentative gradation list but subsequently the name of the petitioner was omitted in the final gradation list only on the ground of his completing graduation course without permission of the
Legal Reasoning
competent authority. Learned counsel for the petitioner in this regard has also submitted that the petitioner having moved the prescribed authority, Regional Deputy Director of Education (R.D.D.E), Patna by filing his representation on 05.10.2012 and having been given no relief was compelled to file this writ application on 07.11.2012. In this regard, counter affidavit has been filed, wherein, all the facts stated by the petitioner have been sought to be disputed in a different manner but then what has not Patna High Court CWJC No.21200 of 2012 (2) dt.19-11-2013 3 been disputed is that the case of the petitioner for grant of B.A trained pay scale was found to be unfit only because he had completed his graduation course without obtaining the permission of the prescribed authority. To that extent, the gist of the counter affidavit is in paragraph no. 7 which reads as follows:- "That it is humbly stated that the respondents have not violated the order given in the letter no. 571 dated 24.08.2012 issued by the Director of Primary Education, Patna because the promotion is given to the graduate teachers and Mr.Lalji Ram has enhanced his educational qualification B.A. during the his service period and he has not permission to enhance his qualification from the competent officer." taken Learned counsel for the petitioner by filing a rejoinder affidavit has explained that the aforementioned decision of the respondents is both factually, incorrect and legally unsustainable inasmuch as, a three man committee consisting of Deputy Development Commissioner, Buxar, Senior Deputy Development Commissioner, Buxar and Land Reforms Deputy Collector, Buxar specially constituted to look into the grievance arising out of the issue of B.A trained pay scale had held as follows:- ^^6- fcuk Bksl otg ds dqN f'k{kdksa dks izksUufr lwph ls ckgj djuk& tkap lfefr dks Jh ykyth jke] l0f'k0] izk0fo0] bVk<+h ds }kjk ,d vkosnu fn;k x;k] tks ,usDlj&10 ij vofLFkr gS ds vuqlkj iwoZ ds Patna High Court CWJC No.21200 of 2012 (2) dt.19-11-2013 4 ftyk f'k{kk inkf/kdkjh ds }kjk Lukrd dyk ds fy, tks ojh;rk lwph izdkf'kr dh x;h Fkh] mlds vuqlkj mudk ojh;rk dzekad 275 Fkk ,oa dzekad&275 ij Jh vCnqy ckjh valkjh rFkk dzekaad 277 ij Jh vo/ks'k dqekj jk;] izk0 fo0] Mqejkao dk uke ntZ FkkA oRrZeku ftyk f'k{kk inkf/kdkjh }kjk iqu% v/kh{kk dh ekax dh x;h ,oa blesa Jh vo/ks'k dqekj jk; dks izksUufr nh x;h ijUrq Jh ykyth jke dks izksUufr ugha nh x;hA foHkkxh; i=kad 571] fnukad 24-08-12 ds }kjk izksUufr ds fy, ojh;rk dk fu/kkZj.k fcgkj yksd lsok vk;ksx ds es/kk dzekad ds vuqlkj fu/kkZfjr fd;k tuk gSa fcgkj yksd lsok vk;ksx ds es/kk lwph esa Jh ykyth jkd dk LFkku 340 gS tcfd eks0 vlQkd gqlSu] izk0 fo0] jkex<+ czgkziqj] 349osa LFkku ij ,oa jh 'kekhe vkye] d0e0fo0] czgkziqj] 369osa LFkku ij ntZ gS ,oa mu nksuksa dks izksUufr dk ykHk fn;k x;k tcfd Jh ykyth jke dks izksUufr dk ykHk ugh fn;k x;ka Jh ykyth jke }kjk Lukrd ijh{kk dh iwokZvuqefr l{ke izkf/kdkj ls izkIr djus dk i= tkap lfefr ds le{k izLrqr fd;k x;k] tks ,usDlj&10 ij muds vkosnu ds lkFk layXu gSaA ftyk f'k{kk inkf/kdkjh ds }kjk miyC/k djk;s x;s lwph ds voyksdu ls Jh ykyth jke dk nkok lgh izrhr gksrk gSA^^ That apart learned counsel for the petitioner has also produced the latest clarification issued by the Director, Primary Education dated 08.02.2013, wherein, it has provided inter alia that:- ^^mi;q ZDr fLFkfr esa vafdr djuk gS fd fu;qfDr izkf/kdkjh ds brj ;fn mDr vU; izkf/kdkjh ls vuqefr izkIr dj eSfVzd@bUVj izf'kf{kr f'k{kd us 'kS{kf.kd ;ksX;rko}Zu fd;k gks rks muds izksUufr ij fopkj bl 'krZ ij fd;k tk; fd muds }kjk ftl vof/k esa egkfo|ky; ds fu;fer Nk= ds :i esa Lukrd@LukrdksRrj dh mikf/k izkIr dh x;h gks ml vof/k esa fo|ky; es a mifLFkr jgdj osru izkIr ugha fd;k x;k gksA lkFk gh ;fn lEcfU/kr f'k{kd ds }kjk i=kpkj ek/;e ls vFkok LorU= Nk= ds :i esa ;ksX;rko}Zu fd;k x;k gks rks muds izksUufr ij fopkj ftyk izkjafHkd izksUufr lfefr ds }kjk bl vk/kkj ij fd;k tk Patna High Court CWJC No.21200 of 2012 (2) dt.19-11-2013 5 ldrk gS fd lEcfU/kr f'k{kd ds }kjk ijh{kk vof/k esa fof/kor vodk'k fy;k x;k gksA** (underlining for emphasis) From the underlined portion, it would be clear that the cases alike that of the petitioner who had completed their graduation under the correspondence course, the only inquiry could be as with regard to obtaining leave for appearing in the examination from the concerned authority. This Court believes that this aspect of the matter has already been looked into by the three man committee as also by the immediate controlling authority of the petitioner in relation to giving promotion to the petitioner. Nonetheless, as the ultimate decision for grant of promotion has to be taken by the Departmental Promotion Committee, this Court would direct the committee headed by the District Education Officer, Buxar to examine the case of the petitioner in the light of the finding given by the three man committee as also the clarification issued by the Director, Primary Education and take a decision as with regard to grant of B.A trained pay scale to the petitioner within a period four months from the date of receipt of this order. It goes without saying that if the petitioner is granted Patna High Court CWJC No.21200 of 2012 (2) dt.19-11-2013 6 such promotion in the B.A trained pay scale, his seniority on the basis of his holding the post of matric trained pay scale shall be respected either for giving effective date of promotion to the petitioner in the B.A trained pay scale or for the consequential benefits which may flow out of such promotion. With the aforementioned observation and direction,
Decision
this application is disposed of. Ranjan/- (Mihir Kumar Jha, J)