Sabji Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7016 of 2016 ====================================================== Sabji Devi Wife of Late Bira Ram Resident of village - Barka Gaon, P.S. Pakaridayal, District - East Champaran at Motihari ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

The District Education Officer, East Champaran at Motihari, District East Champaran at Motihari 4.

The District Programme officer Eastablishment , East Champaran at Motihari, District - East Champ 5.

The Treasury Officer, East Champaran at Motihari, District - East Champaran at Motihari 6.

The Accountant General, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Respondent/s :

Mr. Sarvesh Kr. Singh, AAG-13 Mrs. Sunita Kumari, AC to AAG-13 For the A.G.

:

Mr. Prabhat Ranjan, Advocate Mr. Chandra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-03-2023 Heard learned counsel for the parties.

Learned counsel appearing on behalf of the petitioner informs this Court that almost all the retiral dues has been paid by the respective respondents. He further submits that in paragraph No.9 of the supplementary affidavit filed on behalf of the respondent No.3 and 4 a statement has been made that in terms of Clause 2 (ka) the petitioner had failed to appear in teachers training course conducted by the Government up to

Patna High Court CWJC No.7016 of 2016(13) dt.21-03-2023 2/3 01.01.1996 which was required to make him eligible for claiming pay-scale of 4500-7000 applicable to the matric trained teachers. The petitioner on such rescinded decision, is being paid a scale of untrained matric which is 3050-4590. The petitioner has also denied the statement made in paragraph No.2 of the supplementary affidavit and he refers to paragraph No.8 of the writ petition in which he has made specific statement that the petitioner had completed his training course in the year 1999-2000 in Kumarbagh Teachers Training College under STC scheme.

Learned counsel appearing on behalf of the State has submitted that the petitioner is not liable to pay-scale applicable for the matric trained scale in terms of communication dated 25.06.1999 of the Finance Department, Govt. of Bihar. Petitioner has admitted that the entire dues has already been paid to him.

Considering the rival submissions made on behalf of the parties, it is admitted by the petitioner that entire retiral dues have already been paid to him, however, he has been denied the metric trained scale, in spite of the fact that in paragraph No.8 of his writ petition, he has made specific statement that he had undergone training in the year 1999-2000 in Kumarbagh

Patna High Court CWJC No.7016 of 2016(13) dt.21-03-2023 3/3 Teachers Training college under STC scheme. Petitioner has not produced training certificate. The petitioner, if so desire, may file a detailed representation along with the certificate of teachers training undergone by him in the year 1999-2000 at Kumarbagh Teachers Training College under STC Scheme before the Director, Primary Education, Govt. of Bihar, respondent No.2. In case, such representation is filed by the petitioner, the respondent No.2 is directed to pass a reasoned order within a period of three weeks from the date of representation in accordance with law.

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

(Purnendu Singh, J) sanjeev/- U