LAWS(PAT)-2002-4-34

PRATHMIK ADHYAPAK SANGH Vs. STATE OF BIHAR

Decided On April 16, 2002
Prathmik Adhyapak Sangh Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) BATCH of writ applications involving the common question of law were disposed of by a learned Single Judge of this Court on 14.9.2001. The Writ petitioners and the State of Bihar have preferred these 15 appeals against the said order.

(2.) THE controversy relates to grant of matric trained scale to the teachers of the elementary school having higher qualification but not possessing a certificate in teachers&apos training. The State Government has passed several conflicting orders resulting into numerous litigations to this Court. The batch of writ applications out of which the appeals arise were filed for quashing the order dated 16.1.2001 passed by the Deputy Secretary, Finance Department, Govt. of Bihar, Patna whereby a decision was taken that as teachers&apos training is a requisite qualification for grant of matric trained scale, untrained teachers are not entitled to the matric trained scale and the payment made to them in that scale shall be recovered in 20 equal instalments. They also prayed to grant them matric trained scale at Rs. 4500 -7000/ - and for holding examination of those teachers including the appellants who have completed training in Session 1997 -98. The learned Single Judge disposed of the same by issuing the following directions.

(3.) IN 1989, the State Government constituted a Fitment -cum Pay Revision Committee for its employees. There were certain anamolies therein and accordingly the State Government constituted a Anamoly Removal Committee. Thereafter, the State Government issued a notification on 18.12.1989 accepting the recommendation of the said committee. So far the teachers of elementary school are concerned, they were put in two categories. Matric trained, intermediate trained, intermediate untrained and graduate untrained were put in matric trained scale of Rs. 1200 - 2040/ -. The matric untrained teachers were put in the scale of Rs. 975 -1540/ -.