← Library
Patna High CourtCWJC/24170/2019disposed

Nathuni Ram v. The State Of Bihar

2020-01-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24170 of 2019 ====================================================== 1.

Nathuni Ram Son of Late Ramashish Ram Resident of Village- Ganipur Bejha, P.O.- Ganipur Bejha, P.S.- Sakra, District- Muzaffarpur. Presently posted as Assistant Teacher, Primary School, Mohiuddinpur, Block- Sakra, P.S.- Sakra, Muzaffarpur.

2.

Rajesh Ranjan Son of Late Lal Babu Singh Resident of Village- Jarang Dih, P.O.- Jarang Deodhi, P.S.- Gaighat, District- Muzaffarpur. Presently posted as Assistant Teacher, Upgraded Middle School, Sakarwaranur, BlockGaighat, P.S.- Gaighat, Muzaffarpur. 3.

Sanjeev Paswan Son of Late Kali Charan Paswan Resident of VillageDahila, P.S.- Gaighat, District- Muzaffarpur. Presently posted as Assistant Teacher, Primary School, Dahiya West, Block- Gaighat, P.S.- Gaighat, Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

4.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

5.

The Director, Primary Education, Government of Bihar, Patna. 6.

The District Magistrate, Muzaffarpur.

7.

The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 8.

The District Education Officer, Muzaffarpur.

9.

The District Programme Officer (Establishment), Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagjit Roshan For the Respondent/s :

Mr.Madanjeet Kumar (GP20) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-01-2020 Heard both sides.

The petitioners filed this writ petition for a direction to the respondents to grant the petitioners Matric Trained Pay Scale after three years from the date of their appointment or from 01.10.2003 whichever is later.

Patna High Court CWJC No.24170 of 2019(3) dt.13-01-2020 2/2 Learned counsel for the petitioners submits that the petitioners were appointed on compassionate ground in between 1991 of 2003 but the petitioners were not sent for in service training and the department made pick and choose method. On account of such, the petitioners could not attend training examination but the department granted trained scale to other persons who were sent for training. This Court by order passed in C.W.J.C. No.7322 of 2017 ordered that the petitioners of that case are entitled for grant of trained scale after three years from the date of their joining. It is further submitted that in C.W.J.C. No.13734 of 2012, the respondents were directed to consider the case of the writ petitioners for grant of Trained Teachers Scale from the date of their admissibility.

In this view of the fact, I dispose of this writ petition with a direction to District Education Officer, Muzaffarpur to consider the case of the petitioners for grant of trained scale within two months from the date of receipt of this order in the light of the judgment passed in C.W.J.C. No.19189 of 2019, C.W.J.C. No.7322 of 2017 and C.W.J.C. No.13734 of 2012. With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) Saurabh/- U