Research › Search › Judgment

Patna High Court · body

2010 DIGILAW 2493 (PAT)

P. S. Kumar Kund, District-madhepura v. State Of Bihar Through The Sec Retary To Government, human Resources Department, Government Of Bihar, New Secretariat, vikas Bhawan, Patna

2010-11-16

NAVANITI PRASAD SINGH

body2010
JUDGEMENT Navaniti Prasad Singh, J. 1. Initially five petitioners had come to this Court with a grievance that they being B.Sc. trained, they are entitled to the pay scale of B.Sc. trained teachers for which they are entitled with effect from 20.2.1995. Their contention further was that respondent nos. 6 to 9, who are B.A. trained teachers have been wrongly granted B.Sc. trained teachers scale, thus, occupying petitioners quota. 2. Mr. Chakradhari Singh, learned Senior Counsel appearing in support of the writ petition states that during pendency of the writ petition petitioner no. 5, Ram Padarath Paswan has left service and is not interested in pursuing the writ petitton any more. Thus, this writ petition is confined to the four petitioners only. 3. Mr. Tej Bhadur Singh, learned Senior Counsel appearing for the respondent nos. 6 to 9 submits that petitioners have recently been granted full relief which they seek without disturbing the petitioners. The relief has been granted by the District Superintendent of Education, Madhepura and has been communicated to the petitioners vide Memo No. 557 dated 9.3.2010, which is placed on record by the parties. 4. Mr. Chakradhari Singh, learned Senior Counsel appearing for the petitioners does not dispute the position and points out that in the aforesaid memo it is noticed that the petitioners entitlement was decided in principle on 22.8.1988 and having passed the teaching examination with effect from 17.4.1995, as would be evident from the said memo itself, they were entitled to and were granted B.Sc. trained scale with effect from 18.4.1995. This was interpreted in the year 2009 but it is only after this memo that from March 2010 payments have been resumed without making payment of arrears. He further submits that in the memo itself it is evident that the four petitioners became entitled to B.Sc. trained scale with effect from 18.4.1995 as such right from 1995 they are entitled to get the said payment uninterruptedly. 5. Having considered the matter and heard the learned counsels for the petitioners, State and the private-respondents, in my view, the basic question and the grievance of the petitioners have been fully redressed. They have been held to be entitled B.Sc. trained pay scale of Rs. 1640-2900 with effect from 18.4.1995 and, as such, this Court is not called upon to decide this issue any more. They have been held to be entitled B.Sc. trained pay scale of Rs. 1640-2900 with effect from 18.4.1995 and, as such, this Court is not called upon to decide this issue any more. So far as payment is concerned, as the entitlement has been determined in favour of the petitioners, it would be the responsibility of the District Superintendent of Education, Madhepura to ensure that all the petitioners are paid, if not already paid, full remuneration of B.Sc. trained scale with effect from 18.4.1995 uninterruptedly up to date and ensure its continuance as well. Arrears, if any, would have to be calculated including in respect of pay revision and paid to the petitioners within three months of production of copy of this order before the District Superintendent of Education, Madhepura. The responsibility for timely compliance of order of this Court shall be on him. 6. With the aforesaid observations and directions, the writ petition is, accordingly, disposed of.