PRABHU NATH DWIVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Way back a notification dated 24.8.1995 contained in Annexure-1 came to be issued from the office of the District Superintendent of Education, Siwan. By virtue of this notification large number of teachers came to be granted I.A. trained scale from the date indicated against their name but it also stated that they will not get financial benefit from an earlier period. This notification became the subject matter of challenge in CWJC No. 8727 of 2009 which was filed by two of those Petitioners whose name figured in the said notification They were Dinanath Sharma and Hari Shankar Ram. The issue was adjudicated after hearing both the Petitioners and the State. The learned Single Judge allowed the writ in favour of the Petitioners giving a clear direction to make payment of arrears of salary of I. Sc. trained scale with effect from 1.4.1985 i.e. the date when they were allowed promotion. A time frame was also fixed for payment.

(2.) One significant observation of the learned Single Judge is also required to be quoted herein below:

(3.) By reading such an observation it is evident that the learned Single Judge was mindful of the situation that Respondent authorities would not take a uniform view of such matter unless every person was compelled to approach the High Court for similar relief. But such an observation has had no effect on the authorities in the matter as the Petitioner has not been given the benefit and has been compelled to approach the High Court, on an issue which has already been adjudicated after hearing the State on their stand. This decision I am told has not even been challenged by the State before the next higher forum.