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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA, J.
CWJC No.13716 of 2016
(22.10.2024)
Intekhab Alam ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules, 2012 and Bihar Nagar Nikay Primary Teacher (Appointment and Service Condition) Rules, 2012 – Notification No. 429 dated 22.06.2012 – Clause 8 and State Government Departmental Resolution No. 1530 dated 11.08.2015 – Petitioner initially appointed as Panchayat Teacher on 5.2.2007 and on passing TET examination in the year 2011, got selected and appointed as Basic Grade Urdu Teacher at Primary School, Sitamarhi – Seeking fixation of salay in furtherance of resolution no. 1830 dated 11.8.2015 – It is clear from bare reading of clause 2.3 & 2.4 of the resolution dated 11.8.2015 that annual increment @ 3% for every three years of post service is payable to trained teachers and untrained teachers both – Accordingly, the petitioner is entitled for annual increment @ 3% per annum for every three years of past service rendered by him as Primary Teacher – Insofar as grant of grade pay of Rs. 2000/- is concerned, as per clause 2.8 of the resolution, the benefit of grade pay of Rs. 2000/- is extendable only to trained teachers subject to completion of two years of service (to be counted from the date of joining) – In the first two years a trained teacher would be treated as and given the pay scale of untrained teacher – The petitioner was appointed as trained niyojit nagar primary teacher on 18.2.14 in terms of clause 8 of the notification no. 429 dated 22.06.2012 – Clause 8 of the notification specifically provides that second appointment as primary nagar teacher shall be treated as first appointment irrespective of the date of training – As per clause 2.8 which is unambiguous a trained teacher is entitled to be granted grade pay after completion of two years of service as primary teacher and before that he would be entitled for pay scale of Rs. 5200-20200/- only – After introduction of pay scale vide resolution dated 11.8.2015 entirely a new scheme for grant of pay scale for teachers are introduced by the State Government with effect from 1.7.2015 – Upon reading of Clause 2.8 with the classificatory notification at clause 6, there is no hesitation in arriving at the conclusion that grade pay of Rs. 2000/- is payable to the trained teachers only after completion of two years of service irrespective of the date of training – Accordingly, there is no infirmity in the state action for grant of grade pay of Rs. 2000/- to the petitioner after completion of two years of service i.e. with effect from 18.2.2016 – Respondent authorities directed to pay 3% annual increment to the petitioner for every three years of past service rendered by him starting from his initial appointment in the year 2007 – The consequential monetary benefits along with admissible arrears of pay directed to be paid within a period of three months from the date of receipt/production of a copy of the order – Writ petition partly allowed. (Paras 15 to 25)
Anil Kumar Sinha, J.—The present application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to fix the salary of the petitioner in furtherance of resolution no. 1830 dated 11.08.2015 after granting him pay protection as per the notification no. 429 dated 22.06.2012 under clause 8.
2. The facts of the case in short is that the petitioner was initially appointed as Panchayat Teacher on 05.02.2007 at Primary School, Madhubani Tole, Panchayat:- Bakhri, Block- Bathnaha, District- Sitamarhi. The Education Department issued a notification no. 429 dated 22.06.2012 in exercise of power under Rule 17 of the Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules, 2012 and Bihar Nagar Nikay Primary Teacher (Appointment and Service Condition) Rules, 2012 for appointment of Teachers in primary schools in the year 2012-2013. Clause 8 of the said notification prescribes that previously employed teachers, who have passed the TET examination can also apply for fresh appointment after getting their application duly forwarded from the first appointing authority. It also provides that in such case, second appointment shall be treated as first appointment and except for pay protection past services shall not be considered for any other benefits.
3. The petitioner had passed the TET examination in the year 2011. Accordingly, he sought permission from the Panchayat Secretary to participate in the selection process, which was accorded to him vide memo no. 08 dated 28.06.2012. He participated in the fresh selection process of 2012-2013 for appointment as Nagar Teacher in which he was selected as Basic Grade Urdu Nagar Teacher at Primary School, Badi Bazar, Sitamarhi vide memo no. 1621 dt: 08.02.2014 issued by Executive Officer-cum-Member Secretary, Nagar Parishad, Sitamarhi. After being relieved from his first appointment the petitioner joined the new school on 18.02.2014 with salary of Rs. 9600/-, however, salary of other teachers was fixed at Rs. 9000/-. Since the petitioner was getting salary in previous school at Rs. 9600/- as such, he was given pay protection as per clause 8 of the notification dated 22.06.2012.
4. The State Government vide departmental resolution no. 1530 dated 11.08.2015 came out with a new scheme for grant of pay scale to teachers with effect from 01.07.2015. The pay scale fixed for primary teacher as per the resolution dated 11.08.2015 is as follows:
| ، la[;k | inuke | la[;k | osrueku | xzsM osru |
| 1 | 2 | 3 | 4 | 5 |
| 1 | ÁkFkfed f'k{kd ¼vÁf'kf{kr½ | 62031 | 5200&20200 | 0 |
| 2 | ÁkFkfed f'k{kd ¼Áf'kf{kr½ | 245344 | 5200&20200 | 2000 |
| 3 | ÁkFkfed f'k{kd ¼Lukrd xzsM vÁf'kf{kr½ | 14000 | 5200&20200 | 0 |
| 4 | ÁkFkfed f'k{kd ¼Lukrd xzsM Áf'kf{kr½ | 22739 | 5200&20200 | 2400 |
|
| dqy f'k{kd ¼Ádkf'kr foKfIr ds fo:} Hkfo"; esa gksusokyh fu;qfDr lfgr½ | 344114 |
|
|
5. The petitioner filed representation requesting to grant pay protection and other benefits arising out of the said circular, but the grievance of the petitioner has not been redressed by the respondent authorities.
6. Learned counsel for the petitioner submits that participation of the petitioner in the fresh selection process and his consequent appointment as Nagar Teacher was subject to the condition that pay protection would be given for his past services. Thus, the basic condition on which the petitioner was appointed as Nagar Shikshak cannot be taken away. Since no column has been specified in the software to indicate the date of joining in the first appointment unit, the petitioner is not able to insert that date in the pay fixation slip. The absence of joining date in the first appointment unit in the software deprives the petitioner of the benefit of pay protection being given to him. Hence, the limitation of the software cannot
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