Partly allowed

Ajay Kumar Jha v. The State Of Bihar and Ors.

Patna HC9 Jul 2012CWJC/11382/2012

Case brief

AI extract

What is this about?

In a writ petition seeking Matriculate Trained pay scale, the Patna High Court adjusted the relief granted. The court held the petitioner is entitled to the pay scale from 31.07.2007, the date he appeared at the training examination, rather than an earlier date.

What did the court decide?

Petitioner granted Matriculate Trained pay scale from 31.07.2007 (date of examination appearance).

Ajay Kumar Jha Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2012)

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Patna High Court CWJC No.11382 of 2012 (2) dt.09-07-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11382 of 2012

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====================================================== Ajay Kumar Jha S/O Late Rudra Narayan Jha R/O Village- Ram Nagar, P.O. Dholi, P.S.- Sakara, Distt.- Muzaffarpur, At Present Acting Head Master, Middle School Ratanpur, P.S.- Sakara, Distt.- Muzaffarpur

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.... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principle Secretary Human Resources Development Department, Govt. Of Bihar, Patna 3. The Director, Primary Education, Govt. Of Bihar, Patna 4. The Regional Deputy Director Of Education Tirhut Division, Muzaffarpur 5. The District Magistrate, Muzaffarpur 6. The District Education Officer, Muzaffarpur 7. The District Programme Officer (Establishment), Muzaffarpur 8. The Block Education Officer, Sakara, Muzaffarpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar For the Respondent/s : Mr. Kumari Amrita, GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 09-07-2012 Interlocutory Application No. 4256 of 2012 has been filed modifying the relief as originally sought in the writ application. Having considered the submissions made on behalf of the parties, in order to bring finality to the litigation the Interlocutory Application is allowed.

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The petitioner seeks the relief for grant of Matriculate Trained pay scale. The question for consideration is whether he is entitled to it from 01.10.2003 or whether he is

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Patna High Court CWJC No.11382 of 2012 (2) dt.09-07-2012

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entitled to it from 31.07.2007 when he appeared at the Training examination or is it to be granted from 04.02.2008 after the results were declared.

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Learned counsel for the petitioner submits that the examination at which the petitioner appeared was not a second attempt but a compartmental examination arising out of his first attempt. He is therefore entitled to the benefit of Trained scale from 01.10.2003 under instruction dated 20.07.2011. The alternate claim is for grant from the date he appeared at the examination in 2007.

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The claim of the petitioner appears incongruous. He seeks trained scale from 2003, when he admittedly appeared at the examination in 2007. The reliance on the instruction dated 20.07.2011 is apparently misconceived. The recitals reflect it was a one time relaxation granted pursuant to certain orders of the Court limited to the contestants.

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The submission on behalf of the State that the petitioner was appointed on compassionate grounds on 22.10.1997 and was required to clear the Training examination within three years is not considered relevant as the respondents did not take any action by termination or otherwise. If he has acquired the Training qualification at a subsequent date and the respondents on

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Patna High Court CWJC No.11382 of 2012 (2) dt.09-07-2012

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11.10.2011 have as a matter of principle and analogy held that the Trained scale is to be given from the date of participation in the examination, the petitioner is entitled to the same from 31.07.2007.

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The writ application is allowed to the extent indicated above.

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(Navin Sinha, J.)

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Md. Ibrarul/-

Ajay Kumar Jha v. The State Of Bihar and Ors.

Case brief

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Ajay Kumar Jha v. The State Of Bihar and Ors.

Case brief

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