STATE OF BIHAR Vs. SHANTI DEVI

JUDGEMENT

(1.) IN view of the facts stated in the limitation petition and after hearing learned counsel for the parties, we find that a good ground has been made out for con doning the delay having occurred in filing this appeal and, accordingly, the delay in filing this appeal is condoned and the limitation petition stands allowed.

(2.) THE State of Bihar and its officers are aggrieved by the order dated 20.7.2001 passed by the learned Single Judge in C.W.J.C. No. 7369 of 1989, by which he has set aside the order dated 11.4.1989, issued by appellant no. 2 -Director of Primary Education, rejecting her claim for grant of B.A. trained scale, and also held that the petitioner -respondent was entitled to B.A. trained scale and the appellants were directed to pay her the arrear of salary and the retiral dues calculated on that basis.

(3.) THE stand of the appellant -State and its officers, on the other hand, is that the respondent was appointed in Matric trained scale on 1.11.1961. She passed the B.A. examination in 1971 and training examination in 1974. She was never granted B.A. trained scale by the Managing Committee of the School. She was in the Matric trained scale at the time of taking over of the School in 1981 and, therefter, she was granted I.A. trained scale vide order no. 109 -14 dated 4.1.1983 and her name was included in the panel of B.A. trained teachers, but before her case could be considered, she retired in 1983.