Sri Niwas Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16483 of 2019 ====================================================== Sri Niwas Ray Son of Late Ram Narayan Ray @ Ram Narayan Ram Resident of Village- Abhirajpur Bairia, P.S.- Piparahi, District- Sheohar, At present Working as Assistant Teacher, Government Primary School (Girls), Narayanpur, Piprahi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

3.

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

The District Education Officer, Sheohar.

5.

The District Programme Officer, Sheohar.

6.

The District Treasury Officer, Sheohar.

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

For the Petitioner/s :

Mr.Pramod Kumar For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-08-2019 Grievance of the petitioner in the present writ application is pick and choose adopted by the respondents in sending the teachers for in service teacher training and denial of trained scale.

In view of the fact that similar matter was decided by this Court in C.W.J.C. No. 7322 of 2017 vide order dated 11.4.2018, the writ petition is disposed of in the following terms:- The grievance of the petitioner in the present writ application is that he has been

Patna High Court CWJC No.16483 of 2019(2) dt.16-08-2019 2/3 made to suffer on account of lapse of the respondents in sending for in service training belatedly.

Referring to Annexure-1 he submits that it was the obligation of the respondent authorities to send the petitioner for in service training particularly with reference to Clause4 (Annexure-1) but the respondents have failed to send the petitioner for in service training and on account of their failure the petitioner has been subjected to denial of pay scale of trained teacher.

He submits that there is no lapse on the part of the petitioner and on account of dilly-dally and lapse of the respondents, the petitioner was not sent for in service training earlier and as such he cannot be made to suffer on account of lapse of the respondents. Considering the judgment of the Hon'ble Chief Justice Chagala of Bombay High Court in the case of All India Groundnut Syndicate Ltd. Vs. Commissioner of Income Tax reported in AIR 1954 Bom.232 the court is of the view that petitioner cannot be made to suffer on account of lapse of the respondents in belatedly sending the petitioner for in service training, the respondents are required to consider the case of the petitioner and it is found that the petitioner has passed the training at the first

Patna High Court CWJC No.16483 of 2019(2) dt.16-08-2019 3/3 instance, the interest of the petitioner should be protected. In view of the judgment of the Bombay High Court in All India Groundnut (Supra) as well as the decision of the Apex Court on similar line reported in AIR 1989 SC 1133.

In view of the above, the writ petition is disposed of with direction to the respondents to consider the case of the petitioner for grant of matric trained scale on completion of 3 years from the date of joining of the petitioner as he cannot be faulted in the matter of non-sending the petitioner for service training. Necessary decision in this regard may be taken by the respondents within a period of sixty days and consequential benefit should be extended to the petitioner within a further period of one month from the date of such decision.

The writ petition is accordingly, disposed of. (Anil Kumar Upadhyay, J) Ravi/- U