BAJRANG PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This batch of writ petitioners was duly appointed as untrained Panchayat/Prakhand/Nagar Teachers in the year 2013-2016 by the competent authority. Despite having their appointments been made with a clear stipulations that the petitioners shall be sent for teachers training to their respective training colleges, they had been sent belatedly. Even though the petitioners have duly appeared in the examination, but their results have been published with a further delay and thereby, depriving them from trained scale for a pretty long time, without there being any fault on their part.

(3.) Identical issue has come up for consideration before this Court in case of Kishor Kumar & Ors. Vs. The State of Bihar & Ors., CWJC No. 16165 of 2019, which came to be disposed off on 9/8/2019, by observing as follows:- "Considering the aforesaid, the writ petition is disposed of with a direction to the Director, Primary Education to consider the case of the petitioners and grant the benefit from the date of completion of training to the petitioners as the lapses on the part of the respondents cannot be a ground to deny the benefit of trained pay scale. It is now well settled that one cannot take advantage of his own wrong in defeating the genuine claim. Chief Justice Chhagla of Bombay High Court in the case of All India Groundnut Syndicate Ltd. Vs. Commissioner of Income Tax, Bombay City: AIR 1954 Bom. 232 has occasion to settle the principle on the similar line there is judgment of the Apex Court in the case of State of Maharashtra Vs. Jagannath Achyut Karandikar: AIR 1989 SC 1133. The respondents have to take decision granting benefit of trained scale to the petitioners with effect from the date of completion of their training i.e. May, 2017. Necessary decision in this regard with all consequential monetary benefits must be taken by the Director, Secondary Education within a period of sixty days from the date of receipt/production of a copy of this order. With the aforesaid, the writ petition stands disposed of."