SURESH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in the present writ petition pray for grant of Matric Trained Pay Scale. They are in service teachers appointed on regular basis.

(2.) A pointed query was raised to the counsels whether the appellate authority appointed under the Bihar State Teaching Institutions Teachers and Employee (Dispute Redressal and Appeal) Rules, 2020) would be having jurisdiction to examine the grievance raised by the petitioner and redress the grievance and the case be sent to the Tribunal for adjudication on merits. In other cases too, which are before this Court claiming for pay scale, promotions etc. similar issue would require to be similarly adjudicated.

(3.) In order to examine the aforesaid issue, it would be appropriate to consider to the position of rules in relation to constitutional powers and scope of the appellate authorities, who can examine and adjudicate on the factual aspects.