MAHENDRA RAM Vs. STATE OF BIHAR

JUDGEMENT

(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 20.02.1995. 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. 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 petition any more. Thus, this writ petition is confined to the four petitioners only. 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 09.03.2010, which is placed on record by the parties.

(2.) 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 22.08.1988 and having passed the teaching examination with effect from 17.04.1995, as would be evident from the said memo itself, they were entitled to and were granted B.Sc. trained scale with effect from 18.04.1995. 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 18.04.1995 as such right from 1995 they are entitled to get the said payment uninterruptedly.