Ratnesh Kumar Thakur v. The State Of Bihar And ORS

Patna High Court MJC No.4603 of 2013 (2) dt.11-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4603 of 2013 ======================================================

1. Ratnesh Kumar Thakur Son of Late Ram Kumar Thakur, Assistant Teacher, Primary School, Sherha Mushar, Sakara, Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar

2. Sri Amarjeet Sinha, Principle Secretary, Human Resources Development Department, Govt. of Bihar, Patna

3. Sri Ajay Kumar Chaudhary, Director, Primary Education, Govt. of Bihar, Patna.

4. Sri Chandrashekhar Singh, Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.

5. Sri Anupam Kumar, District Magistrate, Muzaffarpur.

6. Sri Krishna Kumar Sharma, District Education Officer, Muzaffarpur.

7. Abdush Salam Ansari, District Programme Officer (Establishment), Muzaffarpur.

8. Smt. Renu Pandey, Block Education Officer, Sakara, Muzaffarpur.

9. Sri Kapildeo Singh, Head Master Cum Block Drowing & Dispursing Officer Sakara, Muzaffarpur. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 11-05-2016 The petitioner filed C.W.J.C. No.23319 of 2012 for a direction to the respondents to consider his case for grant of matric trained scale as his case is similar to that of Chandrakant & others decided by this Court in L.P.A. No.412 of 2003, reported in 2010(4) PLJR 372.

The petitioner was appointed as Assistant Teacher by the District Teacher Establishment Samitee on the recommendation of the Bihar Public Service Commission in the year 1994. He passed Matriculation Examination in the year 1984 and Intermediate

Patna High Court MJC No.4603 of 2013 (2) dt.11-05-2016 Examination in 1990. He also passed B.A. Examination in the year 1994 and M.A. Examination in the year 1997. However, the petitioner was not trained at the time of his appointment. The petitioner appeared in the Teacher's Training Examination, 2004 which was held in the year 2005 in which the petitioner was expelled along with others. The order was challenged in this Court where after the Court directed the respondents to conduct fresh examination. The petitioner was declared successful in the year 2007.

Learned counsel for the petitioner submits that since he could not appear in the training examination for no fault of his own, he should have been granted matric trained scale from the year 2007. The respondents were directed to consider his case for grant of matric trained scale as ordered in the case of Chandrakant & Ors.

Considering the facts and circumstances of the case, the Director, Primary Education is directed to dispose of the representation of the petitioner within a period of two months from the date of receipt/ production of a copy of this order. This contempt application stands disposed of. (Samarendra Pratap Singh, J) KHAN/- U