Randhir Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24546 of 2018 ====================================================== 1.

Randhir Kumar and Ors Son of Shri Kapleshwar Kumar Resident of Village and Post Office- Ratanpura, Police Station- Ghailarh, District- Madhepura 2.

Md. Wasim Raza Son of Md. Tullo Hussain Resident of Village- Pani Kamala, Ward No.9, Police Station- Amdabad, District- Katihar 3.

M.A. Makki Son of Farhat Zubairi Resident of Village- Pirpainti Bazar, Police Station- Pirpainti, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors through the Principal Secretary, Education Department, Government of Bihar, Patna 2.

The Director, Primary Education, Government of Bihar, Patna 3.

The D.M., Madhepura, District- Madhepura 4.

The D.M., Katihar, District- Katihar 5.

The D.M., Bhagalpur, District- Bhagalpur 6.

The D.E.O. Madhepura, Police Station and District- Madhepura 7.

The D.E.O. Katihar, Police Station and District- Katihar 8.

The D.E.O. Bhagalpur, Police Station and District- Bhagalpur 9.

The District Programme Officer (Establishment), Madhepura, Police Station and District- Madhepura 10.

The District Programme Officer (Establishment), Katihar, Police Station and District- Katihar 11.

The District Programme Officer (Establishment), Bhagalpur, Police Station and District- Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durgesh Kumar, Adv.

For the Respondent/s :

Mr. Madanjeet Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 21-11-2022 Heard the parties.

1. The petitioner has prayed as under :

"1. That, the petitioners crave indulgence of this Hon'ble Court for issuance of an appropriate writ(s), order(s) and / or direction (s) for the following reliefs:- (a) For direction to the concerned respondents to consider the petitioners as a trained Panchayat / Block

Patna High Court CWJC No.24546 of 2018(2) dt.21-11-2022 2/2 Teacher since the date of completion of two years D.P.E. (Three Modules) in service Teacher Training Course and not from the date of passing the Enrichment Programme and accordingly to grant all consequential benefits including the payment of arrears of differences of salary. (b) For any other relief or reliefs for which the petitioners are found entitled to the facts and circumstances of the case."

2. Admittedly, the petitioner has been granted the benefit of trained pay-scale from the date of passing the Enrichment Programme that is the date when he would be treated to be trained. Claiming benefits of trained pay-scale prior to the same that is from the date of completing the D.P.E. Course would amount to treating the D.P.E. Course itself as recognized and sufficient for treating a person as trained. The Bridge Course/ Enrichment Course is necessary for treating a person as trained. Thus, once the petitioner completes the Bridge Course from the said date, he would be entitled to the pay-scale of trained teacher which has been already granted to the petitioner. Claim from a previous date is thus found to be without basis.

3. The writ petition is devoid of merit and is dismissed accordingly.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 135 U