Disposed

Fakir Chand Ram and Ors. v. The State Of Bihar and Ors.

Patna HC13 Jul 2012CWJC/11968/2012

Case brief

AI extract

What is this about?

Writ petition by untrained teachers seeking Matric trained scale with retrospective effect from 2003. Court rejected retrospective claim from appointment date but directed entitlement from the year they appeared in the training examination.

What did the court decide?

Petitioners entitled to Matric trained scale from date of appearance in training examination in 2004, not from date of appointment.

Fakir Chand Ram and Ors. Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11968 of 2012

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Fakir Chand Ram S/O Late Suttu Ram Resident Of Village- Hansa, P.SRaniganj, District- Araria. 2. Shyamlal Paswan S/O Raghuni Paswan Resident Of Village +P.S- Sikti, District- Araria.

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Devanand Baitha S/O Sri Kishanlal Baitha Resident Of Village- Nav Toli, Orahi, P.S- Simraha, District- Araria.

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Gopikant Ram S/O Sri Chulhai Ram Resident Of Village- Ram Nagar, P.S- Bardaha, (Sikti), District- Araria.

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Kalika Paswan S/O Late Yukti Paswan Resident Of Village- Hayatpur, P.S- Araria, Distric-T Araira.

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Bishudeo Ram S/O Late Singehswar Ram Resident Of Village- Jakta, P.S- Raniganj, District- Araria.

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Kulanand Rajak S/O Shivlal Rajak Resident Of Village +P.O- Mahthawa Bazar, P.S- Bhargama, District- Araria.

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.... .... Petitioner/s

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Versus

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The State Of Bihar Through The Principal Secretary Human Resource Department, Govt. Of Bihar, Patna.

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The Principal Secretary Human Resource Department, Govt. Of Bihar, Patna.

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The Director, Primary Education, Bihar, Patna.

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The Collector Cum District Magistrate, Araria.

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The Regional Deputy Director, Purnia Division, Purnia.

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The District Education Officer, Araria.

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The District Programme Officer, (Establishment), Araria.

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Manoj Priaydarshi Sc17 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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2 13-07-2012 Heard learned counsel for the petitioner and the

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State.

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The claim in the writ application is for grant of Matric trained scale from 1.10.2003 claiming that they passed the training examination in the first attempt in the year 2005.

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Patna High Court CWJC No.11968 of 2012 (2) dt.13-07-2012

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Learned counsel for the petitioner submits that the petitioner is entitled to the benefit in terms of the order dated 14.10.2011.

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The Court finds the claim of the petitioner extremely incongruous. They were appointed as untrained teachers and were required to pass the training examination for enhancement of the pay scale. Having passed the examination they seek retrospective effect to grant them the trained scale deeming them trained from the date of appointment. The claim for grant of the Matric trained scale from 1.10.2003 therefore merits no consideration and is rejected accordingly. The Court does find substance in their claim from the letter dated 14.10.2011 that they are entitled to be considered for getting the trained scale from the date that they have appeared in the training examination in the year 2004, the results of which may have been published in 2005.

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The application is disposed in the aforesaid terms for proper consideration by the respondents and disposal in accordance with law by a reasoned and speaking order within a maximum period of three months from the date of receipt/production of a copy of this order.

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The application stands disposed.

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(Navin Sinha, J)

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K.C.jha/-

Fakir Chand Ram and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

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Fakir Chand Ram and Ors. v. The State Of Bihar and Ors.

Case brief

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What the court decided

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