Binod Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.460 of 2014 Arising out of Civil Writ Jurisdiction Case No. 8057 of 2012 =========================================================== Binod Kumar Son Of Sri Satya Narayan Singh Resident Of Village/ MohallaAlauli, P.S- Khagaria, District- Khagaria. .... .... Appellant/s
Versus
1. The State Of Bihar
2. The Director (Secondary Education), Department Of Human Resources, Government Of Bihar, Patna.
3. The District Superintendent Of Education, Khagaria.
4. The District Programme Officer, Khagaria.
5. The Area Education Officer, Khagaria.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant :
Mr. Binoy Kumar Singh, Advocate For the State :
Mr. M. N. H. Khan, SC 1 with Mr. Md. Irshad, AC to SC 1 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 19-08-2016 The present Letters Patent Appeal is directed against an order passed by the learned Single Bench on 26th June, 2013 in CWJC No.8057 of 2012, whereby the appellant has not been found entitled for Graduate trained scale of pay for the reason that the certificate of Sahitya Alankar is not recognized as equivalent to a degree in Graduation.
It is not disputed that the appellant on the basis of the certificate of Sahitya Alankar has done Post Graduate and also obtained Ph.D degree. The issue, whether obtaining of higher
Patna High Court LPA No.460 of 2014 dt.19-08-2016 2/2 degrees of Post Graduate and Ph.D will entitle a teacher Graduate trained scale of pay, has been examined by a Division Bench of this Court in Letters Patent Appeal No.11 of 2014 (Dr. Amresh Thakur Vs. The State of Bihar & Ors.) decided on 27th January, 2016. This Court has held that if a candidate, who has obtained a doctorate degree from a recognized University of Bihar, then he cannot be denied the benefit of Graduate trained scale of pay. In view of the aforesaid decision, which is squarely applicable to the facts of the present case, we find that the order of learned Single Bench is not sustainable. Consequently, the appeal is allowed in the same terms as L.P.A. No.11 of 2014. The appellant will be entitled for grant of Graduate trained scale of pay from the date his immediate junior was granted such pay scale. Necessary consequential benefits be released to the appellant within six months from today.
(Hemant Gupta, J) (Ahsanuddin Amanullah, J) Anjani/P. Kumar AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.08.2016 Transmission Date N/A