JUDGMENT : 1. Heard Sri Suraj Narain Yadav, learned counsel for the appellants and Sri Ashutosh Ranjan Pandey, learned Additional Advocate General-15 for the State. 2. This reference has arisen on account of two Division Bench judgments having been pronounced by this Court, the later one having not noticed the earlier that also has not taken stock of the notification dated 17th February, 1981.The judgment in the case of Binod Kumar Singh, Tej Narain Pathak Vs. The State of Bihar and Ors., reported in 1995 (2) PLJR 378 has not noticed the memo dated 17th February, 1981 and the Division Bench judgment in the case of Uma Shankar Thakur Vs. The State of Bihar & Ors., reported in 2010 (2) PLJR 247 has not noticed the earlier judgment. 3. The appellants before us, admittedly, had only passed Intermediate at the time of their initial appointments in the year 1986 and were, therefore, in the untrained Matric Scale. 4. They subsequently acquired the qualification of graduation (B.A.) and it is, therefore, the contention of the appellants that they are entitled to the benefits of the minimum basic Matric trained scale which has also been extended to similarly situate Physical Training Teachers. 5. It is undisputed that the appellants have not acquired Teachers Training Qualification. 6. It is in this background that the appellants came up before this Court and upon noticing the aforesaid anomaly the reference has been made. The question framed is as follows :- “Whether a Physical Training Teacher of a Primary School can claim the benefit of the circular dated 17th February, 1981 for availing of the Matric Trained Scale as held by the Division Bench in the case of Uma Shankar Thakur (supra) and as to whether the law laid down by the Division Bench in the case of Bindeshwari Singh (supra) requires a reconsideration in the light of the above.” 7. We have gone through the circular dated 17th February, 1981 along with circulars dated 29th November, 1980 and 19th February, 1985 that has been placed by Sri Pandey in order to buttress the submission that the appellants, as per their qualification at the time of appointment, were not entitled for Trained Scale as they were not graduates and were possessed only of Intermediate qualification. Their subsequent acquisition of the qualification of graduation (B.A.) will not entitle them to seek the benefit of the circular/memo dated 17th February, 1981. Even otherwise they would not be entitled to the said benefits as they have not acquired the training qualification of a teacher as envisaged therein. 8. Sri Yadav, learned counsel for the appellants submits that having acquired the qualification of graduation (B.A.) and keeping in view that others have been extended the said benefits, they are also entitled for the same benefits of the Matric Trained Scale. 9. Having gone through the notifications, we find that the notification dated 17th February, 1981 categorically provides that those teachers who were High School and Intermediate will continue to get the basic pay scale of the Matric Untrained Grade till they do not acquire the Teachers Training qualifications. The circular came in 1981 and the appointment of the appellants were made in the year 1986. Admittedly, the appellants did not possess the said qualification nor did they acquire the same. 10. The circular/memo dated 17th February, 1981, therefore, would govern the field which categorically provides for the extension of the basic Matric Trained Scale to those teachers who at the time of appointments were holding the qualification of graduation. This benefit was available also to those who were not graduates provided they acquire the qualification of training within two years. The appellants, therefore, could have availed all the opportunity of the trained scale had they acquired the training qualification. 11. The circular dated 17th February, 1981, therefore, does not admit of any ambiguity and the same would prevail. Consequently the judgment in the two decisions that have resulted in two pronouncements on the subject stand explained as hereinabove and the question is answered to the effect that the teachers in the respective categories as per the circular dated 17th February, 1981 would be entitled to the benefits provided they possess the qualifications prescribed therein. 12. The reference having been answered, let the matter be placed before an appropriate Bench for disposal.