Patna High Court - Orders
Ghanshyam Das vs The State Of Bihar on 28 April, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6474 of 2020
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1. Ghanshyam Das Son of Parmeshwari Das, Resident of Village-n Vishanpur
Arar, Police Station- Gwalpara, District- Madhepura.
2. Usha Kumari, Wife of Kanhu Baski, Resident of Village- Sahpur Santhali,
Police Station- Gwalpara, District- Madhepura.
3. Arvind Ram, Son of Dev Narayan Ram Resident of Village- Vishanpur Arar,
Police Station- Gwalpara, District- Madhepura.
4. Reena Kumari, Wife of Brajesh Kumar, Resident of village- Lalu Nagar,
Madhepura, Police Station- Madhepura, District- Madhepura.
5. Md. Quyamuddin, Son of Md. Niyamat Ai, Resident of Village- D.S.P. Tola,
Police Station- Shankarpur, District- Madhepura.
6. Nirmala Kumari, Wife of Bhushan Sah, Resident of Village- Vishanpur Arar,
Police Station- Gwalpara, District- Madhepura.
7. Kiiran Kumari, Wife of Mahindra Paswan, Resident of Village- Gwalpara,
Police Station- Gwalpara, District- Madhepura.
8. Renu Kumari, Wife of Uday Kumar, Resident of Village- Gwalpara Rahi
Tola, Police Station- Gwalpara, District- Madhepura.
9. Sudha Kumari, Wife of Navin Kumar, Resident of Village- Gwalpara, Police
Station- Gwalpara,District- Madhepura.
10. Md. Inamul Haque, Son of Late Ahsan Ali, Resident of Village-Pirnagar,
Police Station- Gwalpara,District- Madhepura.
11. Rina Kumari, Wife of Rajesh Kumar Choudhary, Resident of Village-
Jotmanohar, Police Station- Gwalpara,District- Madhepura.
12. Kumari Kumod Wife of Ramesh Yadav, Resident of Village- Chikni
Fullkaha, Police Station- Gamharia, District- Madhepura.
13. Suniti Kumari, Wife of Manoj Kumar, Resident of Village- Jayram Parsi,
Police Station- Gwalpara, District- Madhepura.
14. Kaveri Kumari, Wife of Sanjiv Kumar, Resident of Village- Jhitkiya, Police
Station- Gwalpara, District- Madhepura.
15. Bibha Kumari, Wife of Manoj Kumar, Resident of Village- Murho, Police
Station- Murliganj, District- Madhepura.
16. Jaymala Kumari, Wife of Sikandra Ram, Resident of Village- Kushaha,
Police Station- Kumarkhand, District- Madhepura.
17. Punam Kumari, Wife of Ashok Kumar, Resident of Village- Tamout Parsa,
Police Station- Murliganj, District- Madhepura.
18. Md. Wasim Ahmad, Son of Md. Israil, Resident of Village- Gosai Tola,
Police Station- Madhepura, District- Madhepura.
19. Umesh Kumar, Son of Kapleshwar Das, Resident of Village- Shree Nagar,
Police Station- Ghailarh, District- Madhepura.
20. Devendra Kumar, Son of Harilal Mandal, Resident of Village- Ghailarh,
Police Station- Ghailarh, District- Madhepura.
Patna High Court CWJC No.6474 of 2020(4) dt.28-04-2022
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21. Ramchandra Mandal, Son of Jhotan Mandal, Resident of Village-
Champanagar Giddha, Police Station- Singheshwar, District- Madhepura.
22. Naresh Kumar, Son of Ramnandan Yadav, Resident of Village- Laxminiya,
Police Station-Ghailarh, District- Madhepura.
23. Manju Kumari, Wife of Manoj Kumar, Resident of Village- Tengaraha,
Police Station- Shankarpur, District- Madhepura.
24. Madhu Devi, Wife of Dr. Kishore Kumar, Resident of Village- Tengaraha,
Police Station- Shankarpur, District- Madhepura.
25. Madhu Kumari, Wife of Mohan Mandal, Resident of Village- Bhan, Police
Station- Madhepura, District- Madhepura.
26. Kiran Kumari, Wife of Rajesh Kumar, Resident of Village- Bhilwa, Police
Station- Gamharia, District- Madhepura.
27. Amrita Kumari, Wife of Ram Narayan Sardar, Resident of Village- Hariraha,
Police Station- Shankarpur, District- Madhepura.
28. Dimpal Saxena Daughter of Krishna Kinkar Prasad Yadav, Resident of
Village- Tema Bhela, Police Station- Gwalpara, District- Madhepura.
29. Rubina Shabnam, Wife of Sarwar Alam, Resident of Village- Reshua, Police
Station- Gwalpara, District- Madhepura.
30. Ambedkar Kumar, Son of Rajeshwar Prasad Das, Resident of Village-
Chakla Sripur, Police Station- Madhepura, District- Madhepura.
31. Manish Kumar, Son of Satyendra Kumar, Resident of Village- Mahavir
Mandir, Ward No. 24, Police Station-Madhepura, District- Madhepura.
32. Chhaya Rani, Wife of Parmendra Kumar, Resident of Village- Jasgjeevan
Ashram, Nagar Parishad , Ward No. 13, Police Station-Madhepura, District-
Madhepura.
33. Surbhi Sano, Wife of Vishnu Kumar Bharti, Resident of Village- Bhan
Tekhti, Police Station- Ghailarh, District- Madhepura.
34. Govind Kumar, Son of Gonar Ram, Resident of Village- Ghailarh, Police
Station- Ghailarh, District- Madhepura.
35. Himanshu Kumar Son of Satyanarayan Mandal, Resident of Village- Bhan
Police Station- Madhepura, District- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Education Department,
Patna.
2. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
3. The District Magistrate, Madhepura.
4. The District Education Officer, Madhepura.
5. The District Programme Officer, (Establishment), Madhepura.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Uday Chand Prasad, Adv.
For the State : Mr.Amit Bhushan, AC to GP 17
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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
ORAL ORDER
4 28-04-2022Heard the parties.
The controversy raised in the petition is no more res integra as in CWJC No. 16165 of 2019 (Kishor Kumar and others vs. State of Bihar and others), Co-ordinate Bench of this Court vide its judgment dated 09.08.2019 observed as under:-
If there is no dispute that the petitioners were sent for training in academic sessions 2013-15 and the course was completed in May, 2017, there is no reason to deny the benefit of trained scale to these petitioners with effect from May, 2017 when the course was completed as the petitioners have completed their training but for the reason best known to the respondents the examination was not held in time and the result was published belatedly along with the junior batch.
Considering the aforesaid, the writ petition is disposed of with a direction to the Director, Primary Education to consider the case of the petitioners and grant the benefit from the date of completion of training to the petitioners as the lapses Patna High Court CWJC No.6474 of 2020(4) dt.28-04-2022 4/6 on the part of the respondents cannot be a ground to deny the benefit of trained pay scale. It is now well settled that one cannot take advantage of his own wrong in defeating the genuine claim. Chief Justice Chhagla of Bombay High Court in the case of All India Groundnut Syndicate Ltd. Vs. Commissioner of Income Tax, Bombay City: AIR 1954 Bom. 232 has occasion to settle the principle on the similar line there is judgment of the Apex Court in the case of State of Maharashtra Vs. Jagannath Achyut Karandikar: AIR 1989 SC 1133. The respondents have to take decision granting benefit of trained scale to the petitioners with effect from the date of completion of their training i.e. May, 2017. Necessary decision in this regard with all consequential monetary benefits must be taken by the Director, Secondary Education within a period of sixty days from the date of receipt/production of a copy of this order.
The case of the petitioner is on similar footing. They had gone for training for the Sessions 2013-2015 and the examination was delayed on the part of the respondents and the result was declared ultimately on 31st March, 2019. The respondents have given them benefit of trained teacher with Patna High Court CWJC No.6474 of 2020(4) dt.28-04-2022 5/6 effect from March 2019. Petitioners claim that they should be given benefit from the date of completion of the course i.e. May 2017.
Learned counsel appearing for the State has filed a supplementary counter affidavit and placed on record memo dated 22nd June, 2020 issued by the Director, Primary Education whereby the Director, Primary Education has taken a decision as under :-
7- mDr rF;ksa dks /;ku esa j[kdj ekuuh; U;k;ky; ds mDr vkns"k ds vuqikyu esa l= 2013&15 esa ukekafdr vizf"kf{kr f"k{kd ftudk izf"k{kp;kZ ebZ 2017 esa iw.kZ gks x;k vkSj ekpZ 2019 esa izdkf"kr ijh{kkQy vUrxZr mŸkh.kZ gq,] dks izf"k{k.kp;kZ iw.kZ djus dh frfFk ls izf"kf{kr f"k{kd dk osrueku oSpkfjd (Notionaly) :Ik ls Lohd`r djrs gq, foŸkh; ykHk izjh{kkQy izdk"ku dh frfFk ls nsus dk fu.kZ; fy;k tkrk gSA 8- bl vkns"k dh izfr lHkh v/khuLFk fu;kstu bdkbZ ,oa ftyk f"k{kk inkf/kdkjh dk;kZy; dks miyC/k djk;k tk;] rkfd muds Lrj ls vuqoŸkhZ dkjZokbZ lle; iw.kZ dh tk ldsA mDr vfHker ds lkFk bl ekeys dks fuLrkfjr fd;k tkrk gSA The said supplementary counter affidavit is taken on record.
Patna High Court CWJC No.6474 of 2020(4) dt.28-04-2022 6/6 Keeping in view the aforesaid decision of the Director, Primary Education which is acceptable to the counsel for the petitioners, it is directed that the petitioners' case shall also be governed by the decision of the Director, Primary Education dated 22nd June, 2020 and the respondents shall accordingly make appropriate fixations.
The writ petition is, accordingly, allowed in the aforesaid terms.
(Sanjeev Prakash Sharma, J) shahzad/-
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