← Library
Patna High CourtCWJC/646/2020disposed

Om Prakash Krishna v. The State Of Bihar.

2020-01-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.646 of 2020 ====================================================== Om Prakash Krishna Son of Late Gopal Krishna, Resident of Ward No. 8, Alauli, P.S. Alauli, District Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar. Bihar.

2.

The Principal Secretary, Human Resources and Development Department, Government of Bihar, Patna.

3.

The Director, Primary Education, Government of Bihar, Patna. 4.

The District Education Officer, Khagaria.

5.

The District Programme Officer (Establishment) Khagaria. 6.

The District Treasury Officer, Khagaria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Respondent/s :

Mr.Subash Chandra Mishra (Sc16) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2020 Heard both sides.

The petitioners has filed this writ petition for a direction to the respondents to grant the petitioner Matric Trained Pay Scale after three years from the date of their appointment or from 01.10.2003 whichever is later. Learned counsel for the petitioner submits that the petitioner was appointed on compassionate ground in between 1991 to 2003 but the petitioner was not sent for in service training and the department made pick and choose method. On account of such, the petitioner could not attend training examination but the department granted trained scale to other

Patna High Court CWJC No.646 of 2020(2) dt.18-01-2020 2/2 persons who were sent for training. This Court by order passed in C.W.J.C. No.7322 of 2017 ordered that the petitioners of that case are entitled for grant of trained scale after three years from the date of their joining. It is further submitted that in C.W.J.C. No.13734 of 2012, the respondents were directed to consider the case of the writ petitioners for grant of Trained Teachers Scale from the date of their admissibility.

In this view of the fact, I dispose of this writ petition with a direction to District Education Officer, Khagaria to consider the case of the petitioner for grant of trained scale within two months from the date of receipt of this order in the light of the judgment passed in C.W.J.C. No.19189 of 2019,C.W.J.C. No.7322 of 2017 and C.W.J.C. No.13734 of 2012.

With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) BKS/- U