STATE OF JHARKHAND Vs. ARUN SINHA

JUDGEMENT

(1.) Heard learned counsel for the parties. These Letters Patent Appeals are decided by this common order since identical question is involved in these appeals.

(2.) The writ petitioners-respondents are the appointees of the year 1993-94. When they were appointed, they were untrained teachers. The petitioners' contention is that they requested the appellant-State to send them for training so that they may not be put in the category of untrained teachers. However they were sent for training in the year 1998, and that too only in view of the order passed by the Hon'ble Supreme Court on 5.9.1997. The petitioners completed the training in the year 1999 but the result was published in the year 2002 only and that too after intervention of the Court. The petitioners, therefore, claimed that they should be given Grade-IV scale as they have also completed the requisite period i.e., 8/12 years in service from the date of their appointment. The petitioners also submitted that in view of the Circular of the Government dated 25.6.1999 of Finance Department, Government of Bihar, it has been specifically clarified that the seniority of the untrained primary teachers will remain intact, in any case, even if they do not pass the training examination or if they do not get training.

(3.) Learned single Judge accepted the contention of the writ petitioners in toto and observed that though they were initially appointed as untrained teachers and they were entitled to training which were provided to them by the Government in the year 1998 and that too in view of the order passed by the Hon'ble Supreme Court. The petitioners took and completed the training in the year 1999 but their result was published in the year 2002 and that too when the Court intervened. In these facts and circumstances of the case, the petitioners were not at fault in not getting the training but it was the fault of the State Government. In view of the above reasons, the writ petition filed by the petitioners was allowed, hence, the present L.P.As. have been preferred by the State.