BIRESH PRASAD Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT & ORS.

JUDGEMENT

(1.) Heard counsel for the parties. The prayer of the petitioner in this writ application reads as follows:--

(2.) Mr. Dilip Kumar Tewari, learned counsel for the petitioner, has submitted that the teachers of the Primary School having qualification of being physically trained would be entitled to grant of pay scale of a Matric trained teacher and the State Government cannot discriminate between physically trained teacher and a teacher having undergone teachers training in Education. In this regard he has also placed reliance on an order of the State Government dated 17.2.1981 (Annexure-2) which according to him would support the case of the petitioner as with regard to grant of Matric trained pay scale even to a teacher of Primary School who has completed training in Physical Education. It has further been submitted that when the petitioner was granted the Matric trained pay scale in terms of the Government decision dated 17.2.1981 (Annexure-2) by a specific order of the District Superintendent of Education dated 24.1.1990, he cannot be now subjected to recovery of alleged excess pay drawn by him as a Matric trained teacher only on the ground that he did not possess the qualification of being teachers training in Education. According to him, the order passed by this Court on 27.3.2009 in C.W.J.C. No. 3175/2004 cannot be made applicable and therefore, the recovery sought to be made from the petitioner must be held to be bad both on fact and in law.

(3.) On the other hand, learned counsel for the State in the light of the averments made in the counter affidavit has submitted that there is no dispute that the State Government right from the beginning so far it relates to Primary School has maintained that the teachers having regular teachers training in Education alone would be entitled for payment of salary in the Matric trained pay scale, whereas the teachers having either undergone not such training or even completed training in Physical Education would be paid their salary in Matric untrained pay scale, fn this regard he has referred to a judgment of this Court in the case of Binod Kumar Singh vs. The State of Bihar & Ors.,1995 2 PLJR 378, which according to him has also been affirmed in appeal by the Division Bench by an order dated 20.1.2003 in L.P.A. No. 703/1995. He has also submitted that the recovery from the petitioner in fact has been made in view of the order passed by this Court in the order dated 13.5.2008 in C.W.J.C. No. 3175/2004 wherein a direction was given to stop payment of salary to any Physically Trained Teacher in Matric trained pay scale and also make recovery from them.