BINOD KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The common question of law involved in these two writ petitions is whether a 'physical trained teacher' is entitled to the scale of 'trained teacher'. In other words, whether a certificate or diploma or degree in physical education stands at par with diploma or degree in education for the purpose of scale of pay. In CWJC No. 6947 of 1994 the claim is for the scale admissible to trained teachers. In CWJC No. 4603 of 1994, the Petitioner was earlier allowed the scale which was later cancelled. The question being a pure question of law, it is not necessary to state the facts of the case.

(2.) Mr. Rajendra Prasad Singh, counsel for the Petitioners in C.W.J.C. No. 6947 of 1994 in support of their claim referred to certain Circulars of the State Government. They are letter No. 1471 dated 27.5.55, letter No. 2060 dated 15.6.65, letter No. 885 dated 29.11.80, letter No. 6066 dated 24.11.86 as well as judgments of this Court in Kumar Kant Choudhary V/s. State of Bihar,1979 BBCJ 184 and Jaganandan Singh and Ors. V/s. State of Bihar (CWJC No. 8481 of 1990)disposed of on 18.1.95. Mr. Shashidhar Jha, learned Counsel appearing in the other case adopted the arguments of Mr. Singh.

(3.) Counsel stated that in 1955 the State Government took a policy decision to impart physical training to the students at the school level and accordingly made provision for appointment of one graduate holding diploma in physical education as Assistant Master in charge of physical education, boy scouting, health etc. By letter dated 27.5.55 issued in this regard it was made clear that the graduate teacher holding diploma in physical education would be treated as 'trained' graduate in the matter of salary and emoluments. At the time of fixation of the upgraded model scale of pay, the 'trained' graduates and the graduates in physical education were trained at par by letter No. 2060 dated 15.6.65. Counsel stated that a dispute arose as to whether physical education teachers could be promoted as Headmaster or Assistant Headmaster (a post then in existence in secondary schools) which was decided in their favour in the case of Kumar Kant Choudhary . The Government took a policy decision in the light of the said judgment, vide letter No. 6066 dated 24.11.86. In the said letter the Government made it clear that teachers in physical education and the trained teachers were to be treated alike in all respects.