IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.854 of 2019

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Raja Ram Prasad Son of Bigu Ram Resident of Village- Tarawan, Post

Tarawan, P.S.- Nasriganj, District- Rohtas at Sasaram

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors through the Chief Secretary, Patna

2.

The Principal Secretary, Human Resources Department, Patna, Bihar

3.

The Regional Director of Education Patna, Bihar

4.

The Director, Primary and Middle School, New Secretariate, Patna

5.

The District Education Officer, Rohtas Sasaram

6.

The Block Education Officer, Nokha, Rohtas

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Jai Prakash Singh, Adv.

For the Respondent/s

:

Mr. Kameshwar Kumar, Adv.

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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH

SHARMA

ORAL ORDER

3

07-02-2023

1. Both the learned counsels agree that the issue raised

in the present petition stands governed by the judgment passed

by the Division Bench of this Court in Chandra Kant and Ors.

Vs. State of Bihar decided on L.P.A. 412/2003 decided on

23^rd September, 2010.

2. The petitioner has prayed as under:

“That this writ application is

being filed for a direction to the respondents

for payment of salary of trained scale to the

petitioner because he is a matric trained

teacher and passed the examination of

training in one time according to term and

Patna High Court CWJC No.854 of 2019(3) dt.07-02-2023

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condition held in compromise between the

government and union (sangh) of the

teachers. The petitioner has got the salary of

trained scale once and after that he was

cancelled without any reason illegally. The

petitioner has right to got the salary of

trained scale and further be directions to

respondents and authority concerned to

consider the matter of the petitioner. The

petitioner further pray for any other

relief/reliefs for which he has duly entitled

under the facts and circumstances of this

case.”

3. It is pointed out that he passed the training

programme in the year 2005 and was therefore, entitled to retain

pay scale from the date of appointment. The delay in conducting

examination cannot be attributed to him. The Division Bench

(supra) has held as under:

“30. Coming to the last issue, we

find merit in the submission advanced on

behalf of the appellants that due to inability

of the State Government to hold the required

examination within a reasonable time, the

appellants who were successful, have

suffered undue hardship. In that view of the

Patna High Court CWJC No.854 of 2019(3) dt.07-02-2023

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matter, when the examination could not be

held within two years in spite of directions of

the Apex Court and even later, as per

directions of this Court, we are of the view

that the State Government which has the

necessary powers, must take steps to relax

rule 11 of the Rules as a one time measure

within a reasonable time and take a prompt

decision to grant matric trained scale to the

teachers who have passed the in-service

training examination in June,2005 from any

date which may be found suitable and

reasonable so as not to affect such teachers

adversely for the unusual delay in holding

the training examination. It would be

reasonable and appropriate to grant matric

trained scale to such teachers as indicated

above from any reasonable date, may be

from the date when the period of two years

fixed by the Apex Court for completing the

training of such teachers expired without

compliance or even from 1-10-2003, i.e.

when actual payment in Matric trained scale

was stopped. Keeping in view the

requirements of Article 14 of the

constitution, benefit of advancing the date

Patna High Court CWJC No.854 of 2019(3) dt.07-02-2023

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for grant of Matric trained