Disposed

Ajay Kumar Singh and Anr. v. the State of Bihar and Ors.

Patna HC28 Oct 2013CWJC/7113/2010

Case brief

AI extract

What is this about?

Petitioners, appointed as Matric Trained Assistant Teachers, challenged denial of fitment committee monetary benefits and lack of promotion. The court observed that the cadre was effectively abolished and directed the State to consider a detailed representation filed under proper authority within two months.

What did the court decide?

Directed respondents to examine petitioner's grievance via a detailed representation filed before Principal Secretary/ Director Primary Education within two months.

Ajay Kumar Singh and Anr. Vs the State of… — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.7113 of 2010

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Ajay Kumar Singh S/O Late Daroga Singh R/O Vill.- Kabar Kund, P.O. + P.S. + Distt.- Gopalganj

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Samrendra Kumar Singh S/O Late Daroga Singh R/O Vill.- Kakar Kund, P.O. + P.S. + Distt.- Gopalganj, Posted As Science Teacher In Meddle School Rampur (Daud And Kararia), Gopalganj

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.... .... Petitioner/s Versus

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The State Of Bihar Through The Chief Secretary Govt. Of Bihar, Patna 2. Commissioner-Cum-Secretary Human Resources Development Department, Government Of Bihar, Patna

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Commissioner-Cum-Secretary Finance Development Department, Government Of Bihar, Patna

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Director, Primary Education Human Resource Development Department, Govt. Of Bihar, New Secretariat, Patna

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The District Superintendent Of Education Gopalganj

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bipin Bihari Singh Mr. Shyama Kant Singh

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For the Respondent/s : Mr. (Ga2)

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====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 7 28-10-2013 Having heard the parties and perusing the pleadings placed on record, this Court proceeds to dispose of the writ application.

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The petitioners have been appointed as Matric Trained Assistant Teacher. They have also claimed to have been promoted in the Trained Graduate (Science) scale. It is the grievance of the petitioner that the Fitment Committee report on the pay-scale has not been fully extended to the petitioners. Several recommendations were made by the Fitment Committee which

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Patna High Court CWJC No.7113 of 2010 (7) dt.28-10-2013

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was duly accepted and notified by the State Government copy whereof has been enclosed as Annexure-3, yet the petitioners have not been given the entire monetary benefits thereof. In other words, the State Government having accepted the report of the Fitment Committee made in the year 1999 and having issued resolution contained in Annexure-3 is required to extend the benefit to the employees like the petitioners.

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A counter affidavit has been filed on behalf of Respondent No. 5. Considering the order this Court proposes to pass, it would be relevant to extract the stand of the respondents as set out in paragraphs 5 to 8:

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“5. That in the present at the outset it is most respectfully submitted that from the averments made in the petition under reply it is manifest that the petitioners have never approached the respondent authorities in connection with the issue raised in the present writ application, which is an essential ingredient for maintaining a writ application. Together with this it would be also appropriate to submit that the process of promotion to the post of headmaster at the middle school under Gopalganj district has already been finalized and ahs also been given effect.

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6. That further with regard to the contention made by the petitioners for implementation the recommendation made by the Fitment Committee, which had also been reflected in communication made by the Finance Department vide letter no. 15.04.1999 and 04.06.1999 (Annexure-5 and 6) which states for amending the Recruitment Rule/conditions of service and correspondingly to amend the condition of promotion, it is most respectfully submitted that the minimum eligibility criteria for appointment on the post of elementary teacher on regular pay scale had

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Patna High Court CWJC No.7113 of 2010 (7) dt.28-10-2013

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earlier already been changed i.e. from Matric to Intermediate and together with provision has also been incorporated to provide in service training. Moreover it is w.e.f. from 01.07.2006 that policy decision has already been taken at the level of the State Government that no further appointment of elementary teachers on regular pay scale is to be made after 01.07.2006 and also that the posts falling vacant are being abolished in a phased manner.

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7. That thus in view of the aforesaid policy decision of the State Government the necessity to amend the previous existent recruitment Rule would not serve any purpose in as much as in the said category of teachers of regular pay scale no further appointment is to be made as it has become a dying cadre.

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It is for said category of teachers who had earlier been appointee or regular pay scale basis, promotion Rule known as Bihar Nationalised Elementary School Teachers Promotion Rules 2011 has already been enacted and has also been given effect, and as per the said Rule categorization of teachers with corresponding pay band and changes in condition of promotion have been incorporated.

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8. That it is prior to the enactment of said promotion Rule, 2011 that the Finance Department through its Resolution No. 630 dated 21.1.2010 has given its recommendation for revision of the pay scale which also includes cases of teachers appointed on regular pay scale basis.”

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Counsel for the State has submitted that if the

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petitioner approaches the Appropriate Authority for the reliefs prayed for in this application, the same shall be considered in accordance with law.

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Learned counsel for the petitioner having appreciated the said submissions of the State Counsel states that a detail claim/representation for the relief(s) prayed for by the petitioners

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Patna High Court CWJC No.7113 of 2010 (7) dt.28-10-2013

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shall be filed before the Principal Secretary, Human Resources Development Department (now Education Department) (respondent No. 2) as well as the Director, Primary Education, HRD (respondent No. 4).

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The writ application is disposed of directing the aforesaid respondents to examine the grievance of the petitioner if any such representation is filed within a reasonable period of time preferably within two months of its filing/presentation.

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(Kishore Kumar Mandal, J)

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Pankaj/-

Ajay Kumar Singh and Anr. v. the State of Bihar and Ors.

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Ajay Kumar Singh and Anr. v. the State of Bihar and Ors.

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