Raj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22275 of 2014 ===========================================================

1. Raj Kumar son of Jaleswar Prasad Rajabazar, Chanakyapuri, House No. 47, P.S. Shastri Nagar, Town and Distt. Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Education Department, New Secretariat, Patna

2. The Director, Primary Education, Govt. of Bihar, Education Department, New Secretariat, Patna

3. The District Education Officer, Patna

4. The District Programme Officer ( Estb. ), Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Kishore, Adv. Md. Abdul Kalam, Adv.

For the Respondent/s : Mr. MITHILESH KUMAR PATHAK SC7 Alka Verma, J.C. to S.C.-17.

=========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 07-08-2018 Heard learned counsel for the petitioner, counsel appearing on behalf of the State.

The grievance of the petitioner in the instant case is to grant matric trained scale w.e.f. the date of appointment, i.e., 13.03.2000 as the petitioner was B.Ed before the date of appointment and as such he was entitled to grant of matric trained scale right from the date of appointment.

Initially there was some dispute regarding degree obtained by the petitioner from Muslim Minority Ahmadi, B.Ed college Millat Nagar, Rampara, Katihar which was later on clarified and declared as

Patna High Court CWJC No.22275 of 2014 dt.07-08-2018 2/3 valid by the Hon'ble Supreme Court and in view thereof respondents have admitted the degree of B.Ed from Muslim Minority Ahmadia, B.Ed. college Millat Nagar, Rampara, Katihar under B.N. Mandal University, Madhepura as valid and recognized. Learned counsel for the petitioner submits that the petitioner who was initially granted matric untrained scale as they have not recognized the degree of Muslim Minority Ahmadia, BEd. College, Katihar as valid. The petitioner in the aforesaid circumstance done BE.d course from IGNOU and thereafter, he was granted trained scale.

Learned counsel appearing on behalf of the respondent with reference to Annexure-A submitted that petitioner was granted the benefit of monetary trained scale from the date of initial appointment, i.e., 21.3.2000. Learned counsel for the petitioner submitted that in fact the monetary benefit of such decision has not been granted to the petitioner.

In view of the admitted position that the respondents have admitted the entitlement of matric trained scale with effect from 21.3.2000, the writ petition is disposed of with a direction to the respondent to work out the entitlement of monetary benefit treating the same from the date of appointment of the petitioner, i.e., 21.03.2000, and pass appropriate order payment of monetary benefit

Patna High Court CWJC No.22275 of 2014 dt.07-08-2018 3/3 of the same within a maximum period of four months from the date of receipt / production of a copy of this order. With the aforesaid observation and direction, this writ application is disposed of.

(Anil Kumar Upadhyay, J) Sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date16/08/2018 Transmission Date NA