RAMAKANT YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present sets of appeals arise from order dated 30.1.2013 passed by a learned single Judge in CWJC No. 13734 of 2012 and analogous cases. In question is also the order dated 23.10.2013 passed by the learned single Judge in Civil Review No. 301 of 2013 arising out of the order passed in CWJC No. 13734 of 2012. The controversy for consideration is if the benefit for grant of Matric trained scale from 1.10.2013 to teachers appointed as untrained, pursuant to Chandrakant and Others vs. The State of Bihar, 2010 4 PLJR 732 is available only to those appointed in 1994 and earlier or will it also be available to untrained appointees after 1994, provided they had passed the in-service training examination till June 2005. The judgment in Chandrakant was made in rem.

(2.) The interpretation of Chandrakant by the learned single Judge in the orders under appeal has effect beyond the persons who may or may not have moved the Court directly. The I.A. applications filed for Leave to Appeal and also separately for condoning delay are therefore allowed in general public interest and also to prevent multiplicity of litigations on the same issue.

(3.) Since we are primarily called upon to decide if the interpretation of Chandrakant by the learned single Judge is correct or not, it is not considered necessary to burden the present order with the facts all over again except to the extent relevant for the present discussion.