BIRENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 6.8.2015 passed by the District Programme Officer, Siwan and the order dated 22.7.2016 passed by the Director Primary Education, as also the order dated 16.2.2018 passed by the Secretary, Department of Education, Government of Bihar, Patna. By the impugned order dated 6.8.2015, the benefit of ACP granted to the petitioner vide memo dated 21.6.2012 and 14.9.2012 has been cancelled and it has been further stated that any benefit of ACP given to any Physical Education Teacher also stands cancelled. The aforesaid impugned order dated 6.8.2015 has been upheld by the Respondent No. 3 by an order dated 22.7.2016, as also has been upheld by the Respondent No. 2 by an order dated 16.2.2018. Consequently, the petitioner has prayed for directing the respondents to re-fix the pension of the petitioner in the grade pay of Rs. 4200/- and accordingly, make payment of the retiral benefits.

(2.) The brief facts of the case are that the petitioner was appointed on the post of Physical Education Teacher vide memo dated 19.10.1985 whereupon the petitioner joined the Madhya Vidyalaya, Raghunathpur on 26.10.1985. Thereafter, the State Government framed the Bihar Taken Over Elementary School Teacher Promotion Rules, 1993 (hereinafter referred to as the 'Rules, 1993), vide GSR dated 9.7.1993. According to the said Rules, 1993, only trained teachers were made eligible for promotion. Rule 13 (1) of the Rules, 1993 postulate that an untrained teacher shall not be eligible for promotion to any of the grade i.e. 1 to 8, Rule 13(2) of the said Rules, 1993 postulate that an untrained teacher may be given time bound promotion according to the orders issued by the State Government from time to time like other employees of the State Government. Rule 13(3) of the Rules, 1993 postulate that an untrained teacher may be given Grade 1 from the date on which he becomes trained.

(3.) Thus, it is submitted by the learned counsel for the petitioner that since the petitioner was a Physical Education Teacher in matric untrained scale, he was not eligible for further promotion in terms of the aforesaid Rules, 1993, however, the untrained teachers were liable to be treated like other Government employees for the purposes of grant of time bound promotion only.