High Court held petitioners raising issue of matric trained scale earlier under specific circumstances; caseDisposed with liberty to petitioners raise same issue in independent proceeding as law requires fresh consideration.
Application disposed of with liberty to petitioners to raise the issue of entitlement in an independent proceeding.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4611 of 2012
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.... .... Petitioner/s Versus 1. The State Of Bihar Through Its Principal Sewcretary, Education Department Bihar, Patna, Namely Sri Amarjeet Sinha 2. Sri Ashutosh S/O Not Known The Director, Primary Mass And Adult Education , Bihar, Patna 3. Sri Raj Mukul S/O Not Known The Regional Deputy Director Of Education , Magadh Division , Gaya 4. Smt. Vandana Preyashi D/O Not Known The District Magistrate , Gaya 5. The District Etablishment Committee Through Its Chairman , Gaya Namely Sri Binod Kumar Jha
.... .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar For the Opposite Parties : Mr. Kaushal Kr. Jha Sc4
====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
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grant of matric trained scale with effect from 1.10.2003 if they passed training examination in first attempt.
Learned counsel for the petitioners submits that the petitioners had also passed training examination in first attempt. Therefore, in terms of relaxation they were entitled for matric trained scale from 1.10.2003 itself due to the fact that their appointments were delayed on account of laches on the part of the opposite parties in taking decision on their application for compassionate appointment.
However, it is not disputed that under the relaxation by the Government, appointees of 1994 and of the year 2000 were only eligible for grant of such matric trained scale with effect from 1.10.2003 if they passed training examination in first attempt. Hence, technically petitioners were not entitled for grant of matric trained scale from that date. Though the petitioners had raised this issue for grant of matric trained scale with effect from the date of their joining but they did not press the issue and writ application was disposed of with liberty to the petitioners to file representation before the District Accounts Officer, Gaya, enclosing Finance Department’s letter no.4407 dated 18.4.2012, which was directed to be considered within three months. The issue raised by the petitioners is not concluded by any judgment of this Court or is
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not dealt with by any circular/letter/rules or regulations of the Government. Hence, the same is required to be considered in an independent proceeding in accordance with law.
This application is accordingly disposed of with liberty to the petitioners to raise the said issue in an independent proceeding.
(Jayanandan Singh, J)
Pradeep/U
2 issues framed by the court
Whether petitioners appointed on compassionate grounds are entitled to matric trained scale considering their delayed appointments due to government laches.
Whether previous writ application was disposed of appropriately leaving the issue to be raised in independent proceedings.
Manoj Kumar
Anup Kumar
Pankaj Kumar
State of Bihar
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
