RAMAYAN PRASAD Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner; State and respondent no. 9.

(2.) The petitioner has moved the Court for the following reliefs:

(3.) The petitioner was appointed on 09.12.1999 as Trained Assistant Teacher getting Matric Trained Scale. The respondent no. 9 was appointed as Untrained Assistant Teacher getting the Untrained Matric Scale, on 19.09.1994. Thereafter, the petitioner got various increments but, in effect, the petitioner remained senior to the respondent no. 9 as the respondent no. 9 was still in the Untrained Matric Scale. Both the petitioner and respondent no. 9 were appointed under the Bihar Primary School Teachers Appointment Rules, 1991 (hereinafter referred to as the '1991 Rules'). When the respondent no. 9 was appointed, the stipulation was that upon them becoming trained, they would also be granted the Matric Trained Scale. However, despite them having completed the training in the year 1998, when no examination was held, the matter travelled till the Hon'ble Apex Court, which had directed for holding of examination within a certain period. However, when the examination was held, the respondent no. 9 and similarly situated persons were granted the trained scale with effect from 01.10.2003 in terms of the resolution of the State Government in the Department of Human Resources Development bearing No. ladYi Kkikad&7@osru&14@07@&790 dated 29.07.2011. Later on, when such scale was withdrawn, the persons affected, including the respondent no. 9, had moved the Court and there was direction for the State to consider the matter with regard to granting such scale to them keeping in mind the fact that it was the responsibility of the State Government to hold examination for which such persons were responsible. Thereafter, the matter was again brought before the Court in M.J.C. No. 4075 of 2011 which was disposed off by order dated 08.08.2012 giving discretion to the State Government to decide the date from which Matric Trained Scale would be paid to persons like the respondent no. 9. Pursuant thereto, the State Government came out with a fresh resolution bearing Memo No. ladYi Kkikad dated 13.09.2013 of the Education Department. According to the same, the respondent no. 9 and similarly situated persons were granted Matric Trained Scale from 05.09.1999, though notionally, and only with effect from 01.10.2003, the actual payment was allowed. This has led to the controversy as to whether by such shifting back of the date of grant of Matric Trained Scale would make the respondent no. 9 and similarly situated persons senior to the petitioner and those similarly situated to him.