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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANJEEV PRAKASH SHARMA, J.
Suresh Ram S/o Late Ugras Ram – Petitioner
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case Nos. 5489, 6392 of 2020
Decided On : 23-02-2022
Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal & Appeal) Rules, 2020 – Claim for grant of Matric Trained Pay Scale – Interpretation of rules has to be an inclusive and not exclusive in nature – Rule making authority has not excluded any particular institution from jurisdiction of District Appellate Authority – Purpose behind formation of District Appellate Authority and State Appellate Authority is to redress disputes which arise during service – Only in cases where a person is not borne in service, would he be not amenable to jurisdiction of authorities – However, once a person joins service in Education Department may be in any school, college which may be having any kind of character, his or her grievances relating to service dispute, which may be of nature of transfer seniority pay scale, departmental enquiry, Advertisement/Selection/Appointment/Probation, Engagement/Re-employment, Punishment with or without Departmental Proceedings, Termination/Removal, Compulsory Retirement, Increment, Transfer/Deputation/leave, suspension, Date of Birth, Allowance/Reimbursement, Seniority, Promotion/Reversion, Departmental Examination, Salary/Pay, Fixation, Quarter Allotment or for that matter relating to his pension etc. can be examined at first stage by District Appellate Authority – Factual aspects can based be examined by such authorities – Considering that Appellate Authorities are to be manned by person, who has had experience in judicial field, teacher or non-teaching employee would be able to get his dispute adjudicated in a judicious manner – Scope of adjudication under Article 226 and 227 of Constitution is very limited with reference to questions of facts – Concerned authorities under Rules of 2020 can always call for record and give its findings on facts – Factual disputes can best be adjudicated by them – Provisions of Rules of 2020 are a beneficial legislation towards redressal of disputes of employees of Education Department which is an appreciable step to get litigation ended at threshold – Redressal of grievances by District Appellate Authorities in a judicious manner would result in better functioning of employees of Education Department also. (Paras 9 to 12)
Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal & Appeal) Rules, 2020 – Claim for grant of Matric Trained Pay Scale – All matters concerning teachers pending before this Court deserve to be first adjudicated on merits and on facts by concerned relevant District Appellate authority – If still there is any grievance left, concerned person would be entitled to take up the matter before State Appellate Authority and High Court need not deal with such matters at initial stage – Petition and similarly situated other writ petitions are required to be disposed of in such terms with liberty to approach District Appellate Authority. (Paras 13 and 15)
JUDGMENT :
SANJEEV PRAKASH SHARMA, J.
1. The petitioners in the present writ petition pray for grant of Matric Trained Pay Scale. They are in service teachers appointed on regular basis.
2. A pointed query was raised to the counsels whether the appellate authority appointed under the Bihar State Teaching Institutions Teachers and Employee (Dispute Redressal and Appeal) Rules, 2020) would be having jurisdiction to examine the grievance raised by the petitioner and redress the grievance and the case be sent to the Tribunal for adjudication on merits. In other cases too, which are before this Court claiming for pay scale, promotions etc. similar issue would require to be similarly adjudicated.
3. In order to examine the aforesaid issue, it would be appropriate to consider to the position of rules in relation to constitutional powers and scope of the appellate authorities, who can examine and adjudicate on the factual aspects.
4. In exercise of powers under Articles 162 and 243 of the Constitution of India and under Sections 47 and 146 of the Bihar Panchayat Raj Act with Section 419 of the Bihar Municipal Act 2007 and Section 38 of Right of Children to Free and Compulsory Education Act, 2009, the State of Bihar had framed rules called the Bihar State School Teachers and Employees (Dispute Redressal) Rules, 2015. The said rules came into force w.e.f. 13th of May 2015 and the District Appellate Authority and the State Appellate Authorities were constituted under the said rules at the level of District and State respectively.
The said authorities were empowered to hear and dispose of complaints/appeals in relation to employment of Niyojit Teachers, Librarian and other Niyojit functionaries of the Government. Niyojit Teachers and Niyojit Karmis were defined under the said rules and essentially in other terms they were those teacher who were appointed under other scheme and all were fixed remuneration basis which were being continued in the State of Bihar.
The said rules, however, came to be repealed and vide notification dated 25.08.2020, Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal and Appeal) Rules 2020 came into force after publication of Bihar gazette on 09.07.2021 w.e.f the aforesaid date i.e. 25.08.2020 by exercising the powers as above and additionally as per Section 14 of the Bihar Private Teacher (Fee Regulation) Act, 2012.
5. It would be appropriate to quote various provisions of the rules for the purpose of this order:
Definitions:
(vi) “Elementary School” means, such government/Nationalized Primary and Middle School (including aided by the State Government and aided Minority Schools) in which education is being imparted upto 5th or 8th standard.
(vii) “Secondary School” means, Government/Nationalized Secondary School/Project Secondary School in which education is imparted upto standard 10th.
(viii) “Senior Secondary School” means, Government/Nationalized/Project Senior Secondary School/upgraded Senior Secondary School in which education is being imparted upto standard 12th.
(ix) “Aided/Permission for establishment/Recognized Secondary and Senior Secondary School” means, such schools which is aided by the Government and being governed by any Managing Committee/Governing Body/Trust/Municipal body/Ad hoc Committee.”
(xii) “Teacher” means:
(A) Teachers working under Panchayti Raj institutions and Urban body institutions in Govt/Nationalized Primary and Middle School, Secondary School, Senior Secondary Schools as per rules notified by the Government of Bihar from time to time.
(B) The teachers working under the Managing Committee of 108 Elementary Schools aided by the State Government (Including Minority Schools) in which education is being imparted upto standard 5th or 8th.
(C) Teachers working under the Managing Committee/Trust in Aided, permission for establishment, recognized Secondary and Senior Secondary Schools.
(D) Teachers of Private Schools.
(xiii) “Headmaster” means:
(A) Headmaster, who would work un
The District Teachers Employment Appellate Authority lacked jurisdiction to review its final orders, affirming that review power must be explicitly granted by statute. Any review attempt was invalid ....
The District Teachers Employment Appellate Authority cannot review its final decisions unless expressly authorized by statute.
The State Appellate Authority can hear appeals against interim orders of the District Appellate Authority, ensuring proper verification of documents before employment termination.
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