AHSANUL HAQUE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN I.A. no.5353 of 2013, the petitioners have prayed for disposal of W.P.(S) NO.4401 of 2013 in terms of the order passed by this Court in W.P.(S) no.2194 of 2013{Ravindra Kumar Ojha & Ors. V/s. State of Jharkhand & Ors.}. Learned counsel, appearing on behalf of the petitioner, submitted that the case is exactly identical with the case, which has been decided in the aforesaid writ petition and the instant writ petition can be disposed of in terms of the order passed by this Court in the aforesaid cases. Learned J.C. to S.C.III, appearing on behalf of the respondents, has also accepted the said position and submitted that the writ petition itself can be disposed of in terms of the order passed by this Court in the aforesaid case. In the writ petition, the petitioners have prayed for a direction on the respondents to grant Grade -I scale to them from the dates of their respective joining and all consequential benefits and also to give promotion from Grade -I to Grade -IV, V etc.

(2.) THE petitioners were appointed as untrained teachers by the Human Resources Development Department, Government of Bihar in accordance with its policy decision and resolution dated 5.3.1991. The Government of Bihar had framed the Rules known as the Bihar Primary School Teachers' Rule, 1991 in exercise of its power under Article 309 of the Constitution of India. In the said rule, there was a provision for appointing the untrained teachers and after appointment, for sending such teachers for in -service Teachers' Training in the Government Colleges.

(3.) I have heard learned counsel for the parties and perused the decisions and directions given by this Court in the said cases. The instant case is squarely covered by the said decisions of this Court. In similar circumstances and on the similar facts, the case of Ravindra Kumar Ojha & Ors. V/s. State of Jharkhand & Ors. was also decided in W.P.(S) no.2194 of 2013.