BAIDYA NATH YADAV Vs. STATE

JUDGEMENT

(1.) HEARD.

(2.) THE petitioners are teachers in schools established and run by the Department of Welfare, Govt. of Bihar. They are not teachers of Nationalised Government Schools, who are under the Department of Primary, Secondary and Higher Education, Govt. of Bihar. While the petitioners were recruited, the advertisement recruiting them did not lay down any condition of requisite teachers training nor any different pay scale was provided for trained and untrained teachers. It is not in dispute that the teachers of Government Nationalised Schools under the Department of Primary, Secondary and Higher Education form a different cadre totally from those who are in schools established and run by the Welfare Department, Govt. of Bihar, a teacher from one cannot be transferred to another. They have separate seniority list. Their service conditions are separate. Their disciplinary authorities are separate. It is stated that so far as teachers of Government Nationalised Schools are concerned, under the Department of Primary, Secondary and Higher Education, a lower pay scale has been provided for untrained teachers, which is not the case in case of teachers under the Welfare Department. When matter of revision of pay scale came up in the year 1999, the pay scales were revised and so far as teachers in the Welfare Department are concerned, their revision was separately shown from other teachers under the Department of Primary, Secondary and Higher Education. No pay scale for untrained teachers was at all shown for teachers under the Welfare Department. This distinction was there so far as teachers of Government Nationalised Schools under the Primary, Secondary and Higher Education Department is concerned. It is submitted that from this, every, one was conscious of the distinction between the two cadres though under the same Government.

(3.) IT is submitted that rules in relation to one cadre would not automatically apply to another cadre unless they are statutorily so adopted. It appears that this problem of trained and untrained teachers brought the attention of the Finance Department. Finance Department clarified that if a teacher was untrained teacher and a lower pay scale was provided to an untrained teacher then he would get the lower pay scale but if no lower pay scale was provided he would get the same pay scale that of a trained teacher but he could be denied promotion pending obtaining teachers training.