RAM ASHIS TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners were employed as Assistant Teachers on compassionate ground. At the time of their appointment itself, it was found thatthough the minimum requirement of Matric Trained, they were Graduates. They have come to this Court with a grievance that the District Establishment Committee granted them senior pay scale upon their completion of 12 years of service within which period they had also done their Teachers' Training Course. Notwithstanding this sanction and this payment, suddenly respondent No 4, the District Superintendent of Education stopped this payment of senior scale. The plea of the State is that the senior scale payment can only be sanctioned upon petitioners' completing 12 years of service as at least Matric Trained Teacher and, therefore, this period of 12 years would be reckoned from the time when they completed their training and not from their initial appointment. Learned counsel for the petitioners has drawn my attention to the Resolution of the Finance Department dated 13.12.1989, relevant portion whereof is Annexure-1 and is quoted hereunder:

(2.) Learned counsel for the petitioners rightly submits that petitioners were Graduate Untrained Teachers but were appointed in place of Matric Trained Teachers because their appointments were on compassionate ground. From the date of appointment they were in the pay scale of Rs 1200 to Rs 2040/-. In the meantime; they got requisite training but considering the length of their service being 12 years, they were then granted senior scale of Rs.1400/- to Rs 2600/- which was subject to revisions. Learned counsel for the State submits, with reference to Government Circular, that a person, in a particular grade, could not shift to that grade from a higher grade merely as a consequence of training. In my view, he is correct but that is not relevant for the present case. A reference to the Schedule, as noted above, would show that a Graduate Untrained Teacher or Intermediate Untrained Teacher or an Intermediate Trained Teacher or Matric Trained Teacher are all in one grade. The training would, thus, not shift them, if their appointment is under Matric Trained Teachers. The pay scale only changes by virtue of time bound incentive. By giving senior scale after 12 years of service, the grade does not change. They remain in the same grade but at a senior pay scale. Thus, the training aspect is inconsequential.

(3.) In my view, therefore, the District Establishment Committee correctly understood the situation and correctly granted senior scale of pay to the petitioners upon completion of 12 years of service and it was wrongly interfered by the District Superintendent of Education by his order dated 22.07.2006 contained in Annexure-6. Therefore, I have no option but to quash Annexure-6 and consequently even Annexure-9, the order of the Director, Primary Education, Katihar also cannot be sustained for the reasons aforesaid. If that be so then there is no question of recovering the amount paid rather consequential directions are issued to pay any amount withheld as a consequence of two impugned orders.