RAKESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The nine set of petitioners have filed the writ application 2 for a direction upon the respondents to grant them matric trained scale w.e.f. 1/10/2003 just like so called similarly situated persons have been extended that benefit.

(2.) All these petitioners are compassionate appointees on different dates and are working thereafter as Assistant Teachers in different government schools. It is their case that all of them were appointed prior to the year 2001. However, they were sent for training only in the year 2007-2008. After completion of their training, they were allowed to appear in the examination held in the year 2010-2012 and the result was published in the year 2011-2012. The delay in sending these petitioners for training was deliberate action of the respondents and petitioners cannot be made to suffer by non-grant of benefit of matric trained scale like other persons who had been appointed before 2001. The petitioners, therefore, have suffered by non-grant of the matric trained pay scale from a prior date rather than on the basis of the date of passing of the examination.

(3.) The stand of the respondents in the counter affidavit as well as supplementary counter affidavit is that the demand of these petitioners are misplaced and unwarranted for the reason that grant of matric trained scale is integral to training and passing the examination. If these petitioners have participated in the examination in the year 2011 and have been declared successful in the year 2012, 3 they cannot get matric trained scale from a prior date since they have got training and certification of passing only in the year 2012. No person can be deemed to have been trained from a back date merely by virtue of his date of appointment. There has been some previous litigations as well when candidates appointed on the post of Assistant Teachers prior to the year 1997 did not get training for a long period of time and, therefore, they had approached the Court and the matter travelled to the Division Bench, which is the case of Chandra Kant and Ors. vs. State of Bihar and Ors., reported in 2010(4) PLJR 732. The Division Bench taking note of the facts as a one time measure directed extending the benefit of matric trained scale to such teachers who had passed the training examination till June, 2005 giving the benefit from 1/10/2003 as a one time relaxation to Rule 11 of what is known as Bihar Elementary Schools Teachers Appointment Rules, 1991, as amended up to date.