Jharkhand High Court
Sugyani Pradhan vs The State Of Jharkhand on 22 June, 2018
Author: D.N.Patel
Bench: Amitav K. Gupta, D.N.Patel
IN THE HIGH COURT OF JHARKHAND, RANCHI
L.P.A. No. 52 of 2018
With
I.A. No. 1523 of 2018
Sugyani Pradhan, aged about 56 years, son of late Chaturbhuj
Pradhan, resident of Village-Pansua Kera, P.O.-Chainpur, P.S.-Taplo,
Dist.-West Singhbhum, at present posted as Assistant Teacher in
Primary School, Chalabera, Chakradharpur, P.O.-Chakradharpur, P.S.
Chakradharpur, Block Chakradharpur Dist.- West Singhbhum,
Jharkhand ..... .........Appellant
Versus
1. The State of Jharkhand
2. The Secretary, School Education and Literacy Department,
Government of Jharkhand having its office at Project Building,
Dhurwa, P.O.- Dhurwa, P.S.-Dhurwa, Dist.- Ranchi, Jharkhand
3. The Director, Primary Education, School Education and Literacy
Department, Government of Jharkhand having its office at Project
Building, Dhurwa, P.O.- Dhurwa, P.S.-Dhurwa, Dist.- Ranchi,
Jharkhand
4. The Deputy Commissioner cum Chairman, District Education,
Establishment Committee, Chaibasa, P.O. & P.S. Chaibasa, District-
West Singhbhum
5. The District Superintendent of Education, Chaibasa, P.O. & P.S.-
Chaibasa, District-West Singhbhum
6. The Block Education Extension Officer-cum-D.D.O., Chakradharpur
Block, office situated at Adarsh Madhya Vidyalaya, Chakradharpur,
P.O. & P.S.- Chakradharpur, District-West Singhbhum
.. ... Respondents
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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Appellant : Mr. A. Allam, Sr. Advocate : Mr. M.M. Sharma, Advocate For the Respondents : Mr. L.C.N. Shahedeo, GP-IV
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02/ Dated 22.06.2018:
(Oral Order) Per D.N.Patel, A.C.J.
1. This Letters Patent Appeal has been preferred by the appellant (original petitioner) whose writ petition being W.P.(S) No2826 of 2017 was dismissed by the learned Single Judge vide judgment and order dated 06.12.2017 whereby the prayer of this appellant for quashing and setting aside the order dated 13.04.2017 (Annexure-4 to the memo of this Letters Patent Appeal) was not accepted. Similarly, consequential order dated 06.05.2017 was also not quashed by the learned Single Judge and hence, the -2- appellant (original petitioner) has preferred the present Letters Patent Appeal.
2. Having heard the counsel of both the sides and looking to the facts and circumstances of the case, it appears that this appellant, who is original petitioner, was appointed as Assistant Teacher and he has not cleared B. Ed. Examination for teachers' training examination. As he was untrained teacher, he was appointed as Assistant Teacher with effect from 09.05.1988 and was given scale of matric untrained.
3. It further appears from the facts of the case that this appellant (original petitioner) cleared some Shiksha Visharad Examination from a body examination of which has been taken by one Hindi Sahitya Sammellan, Allahabad. This certificate has got no value in the eye of law unless, it is recognized by the Government equivalent to the B. Ed. Degree examination. On the basis of such type of Shiksha Visharad course, the appellant (original petitioner) was wrongly given promotion/higher Grade-II.
4. It appears that thereafter a committee was constituted, several irregularities were found out and several teachers had obtained wrongly the promotion grade and hence an order was passed on 13.04.2017 (Annexure-4 to the memo of this Letters Patent Appeal) for reduction of pay scale and a consequential order was also passed on 06.05.2017 for recovery of the amount.
5. Having heard the counsels of both sides and looking to the reasons given by the learned Single Judge, especially in paragraph No. 4 to the effect that Shiksha Visharad course, the examination of which was taken by Hindi Sahitya Sammellan, Allahabad, was not at all recognized or a valid qualification, approved by the Government and hence no promotional grade could have been given. We are in full agreement with the reasons given in paragraph No.4 of the order passed by the learned Single Judge. It has become a fashion in this country for few candidates to obtain such type of certificate without any proper learning process of teachers' training and to get the higher -3- grade, such type of practice ought to be deprecated by the Government and if any promotional grade has been given, it ought to be withdrawn forthwith. In fact, such type of teachers could not have been appointed at all, but, here we are not concerned with the dismissal of such type of teachers. Here we are concerned with the litigation of the pay scale which was given on the basis of Shiksha Visharad course, the examination of which has been taken by Hindi Sahitya Sammellan. We see no reason, therefore, to interfere with the order passed by the learned Single and we are in full agreement with the reasons given in paragraph No.4 of the order passed by the learned Single Judge in W.P.(S) No. 2826 of 2017 dated 06.12.2017 hence, there is no substance in this Letters Patent Appeal and the same is, hereby, dismissed.
6. In view of the final order passed in the Letters Patent Appeal, I.A. No. 1523 of 2018 stands disposed of.
(D.N. Patel, A.C.J.) (Amitav K. Gupta, J.) NKC/Tarun