Patna High Court - Orders
Arbind Kumar'Rakesh'& Ors vs The State Of Bihar & Ors on 5 May, 2014
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8691 of 2002
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1. Arbind Kumar 'Rakesh', son of Shri Nityanadn Verma, resident of
Village-Khapura, P.O.+P.S. Paliganj, District-Patna at present posted
as an Assistant Teacher in Primary School Nagwan, Anchal-Kako,
District Jahanabad.
2. Brajnedra Kumar, son of Shri Laldas Yadav, resident of Village
Shreepur, P.O. Ner. P.S. Makhadumpur, District Jahanabad, at present
posted as an Assistant Teacher in Primary School (Jethiana), Anchal
Kurtha North, District Arwal (Jahanabad)
3. Rakesh Kumar, son of Shri Shaya Narayan Yadav, resident of Village
Kumardih, P.O. Saren, P.S. Makhadumpur, District Jehanabad, at
present posted as an Assistant Teacher in Primary School Bakhara,
Anchal Ghosee (North) District Jehanabad.
4. Vivek Kumar, son of late Umesh Chandra Verma, resident of Village
Kinjer, P.O. Nagla (KinJer), P.S. Kinjer, District Arwal (Jahanabad),
at present posted as an Assistant Teacher in Primary School, Khaira
Dih, Anchal, Kurtha (North), District Arwal (Jahanabad)
5. Rajesh Kumar, son of Shri Chandeshwar Ram, resident of Mohala
Makhadumabad, P.O.+ District- Jahanabad, at present posted as an
Assistant Teacher in Primary School, Kaitha Lodipur, Anchal Kurtha,
District-Arwal(Jahanabad)
6. Om Prakash Satyarthi, son of Shri Rajendra Prasad, resident of
Village- Alawalpur, P.O. Nagar Nausa, P.S. Daniyawan, District-
Patna, at present posted as an Assistant Teacher in Primary School
Kiorbibigha, Anchal-Kako, District Jahanabad.
7. Umesh Paswan, son of Shri Shyamrup Paswan, resident of Village-
Andauli, P.O. Andauli, P.S. Saksohra, District- Patna, at present
posted as an Assistant Teacher in Primary School Balika Chatar,
Anchal-Kako, district Jehanabad.
8. Sanjay Kumar, son of Shri Awadh Kishroe Sharma, resident of Village
Khaira, P.O. Jamuk, P.S. Parasbigha, District-Jehanabad, at present
posted as an Assistant Teacher in Primary School-Nadpura, Anchal-
Kurtha (North) District Arwal (Jahanabad)
9. Mithlesh Ram, son of Shri Mani Ram, resident of Village-Ganga
Bigha, P.O. Dewan Patephpur, P.s. Khijersarai, District Gaya at
present posted as Assistant Teacher in Primary School Chand Bigha,
Anchal Kurtha (North), District Arwal (Jehanabad)
10. Deobali Ram, son of Shri Shivdahin Ram, resident of Village Man
Bigha, P.O. Shahar Telpa, P.S. Karpi, District Arwal (Jehanabad), at
present posed as an Assistant Teacher in Primary School Shahganj,
Anchal Kurtha (North) District Arwal (Jaehanabad)
11. Sanjay Satyarthi, son of Shri Nageshwar Singh, resident of Village-+
P.O. Chhata, P.S. Masaurhi, District Patna, at present posted as an
Assistant Teacher in Primary School Musadhi, Anchal-Kurtha (North)
District Arwal (Jehanabad)
12. Mohammad Shamimuddin Answari, son of Ali Mohammad Ansari,
resident of Village Gangapur, P.O.+P.S. Kurtha, District Arwal
(Jehanabad), at present posted as an Assistant Teacher in Hamidpur,
Anchal_Kurtha (South), district Arwal (Jahanabad)
13. Vinay Kumar, son of Shri Ramswarup Paswan, resident of Village-
Patna High Court CWJC No.8691 of 2002 (6) dt.05-05-2014
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Sarphabad Baliyari, P.O. Bara, District-Patna, at present posted as an
Assistant Teacher in Kanya Primary School Lari, Anchal Kurtha
(South) District Arwal (Jehanabad)
14. Nagendra Kumar, son of Shri Saryu Prasad, resident of Village-
Rustamchak, P.O. Gayani Bigha, P.S. Ratnifaridpur, District
Jehanabad at present posted as an Assistant teacher in primary School
basantpur, Anchal, Kurtha (south), District Arwal (Jehanabad)
15. Umesh Singh, son of Shri Shamru Singh, resident of Village Satpura,
P.O. Bara, P.S. Karpi, District Arwal (Jehanabad) at present posted as
an Assistant Teacher in Primary School Bara, Anchal Kurtha, District
Arwal (Jehanabad)
16. Madan Kumar, son of Chhotan Prasad, resident of Village
Rustamchak, P.O. Gaynayari Bigha, P.S. Ratni Fridpur, District Arwal
(Jehanabad) at present posted as an Assistant Teacher in Primary
School Pandol, Anchal Kurtha (South) District Arwal (Jehanabad).
17. Subhash Das, son of Shri Devki Ram, resident of Village-
Dakshingawan, P.O.+ P.S. Bajiorganj, District Gaya, at present posted
as an Assistant Teacher in Middle School Jagpura, Anchal,
Makhdadumpur, District Jahanabad.
18. Rambali Rohidas, son of Shri Saryu Rohidas, resident of Village +P.O.
Rajganj, District-Dhanbad (Jharkhand), at present posted as an
Assistant Teacher in Middle School Mandil, Anchal-Jehanabad,
District Jehanabad
19. Pancham Chakravorti, son of Shri Mahawal Mochi, resident of
Village+P.O.Karpi, P.S. Karpi, District Arwal (Jehanabad), at present
posted as an Assistant Teacher in Middle School Pinjaura, Anchal-
Kako, District Jehanabad
20. Pankaj Kumar Singh, son of Shri Jayshri Singh, resident of Village +
P.S. Jhumari Tilaiya, district Kodarma (Jharkhand) at present posted
as an Assistant teacher in Primary School Lakhisaray, anchal Ghosee
(South), District Jehanabad.
21. Satyendra Kumar , son of Shri Baidyanath Prasad Singh, resident of
Village Chanoura, P.O.+ P.S. Kinjer, District-Jehanabad, at present
posted as an Assistant Teacher in Kosdihara, Anchal Arwal, district-
Arwal (Jehanabad)
22. Sudarshan Prasad, son of Shri Kailash Prasad, resident of Village
Chandel Nagar, P.O. Pinjora, P..S. Kako, District Jehanabad at present
posted as an assistant teacher in Primary School Chandal
Makhadumpur (South) District Jehanabad.
23. Satyendra Kumar, son of late Subedar Prasad, resident of Mohalla
Chandravanshi Nagar Main Road Jehanabad, P.S.+ District Jehanabad,
at present posted as an Assistant Teacher in Middle School Ner,
Anchal Makhadumpur (South) District Jehanabad.
24. Yogendra Kumar, son of late Ram Prasad Pandit, resident of Village
Jolah Bigha, P.O. Shakurabad, P.s. Parasbigha, District Jehanabadhj,
at present posted as an Assistant Teacher in Primary School Sultanpur,
Anchal Makhadumpur (South), District Jehanabad.
25. Raj Kumar Mochi, son of Shri Ramadhar Mochi, resident of Village
Fatehpur, P.O. Paliganj, P.S. Paliganj, District Patna, at present posted
as an Assistant Teacher in Primary School Kachanawa, Anchal,
Makhadumpur (West), District Jehanabad.
26. Nayyar Shahnaj, son of Quammuddin Ansari, resident of Mohalla
Patna High Court CWJC No.8691 of 2002 (6) dt.05-05-2014
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Khutwanchak, P.O.+ P.S.+ District Jehanabad, at present posted as an
Assistant Teacher in Primary School Fatehpur, Anchal, Makhadumpur
(East), District-Jehanabad
27. Rajeev Kumar, son of Shri Rambilash Das, resident of Village
Newritotal, Bahorabigha, P.O. Newari, P.S. Makhadumpur, District -
Jehanabad, at present posted as an Assistant Teacher in Primary
School Kharka, Anchal Makhadumpur (South), District-Jehanabad.
28. Rajesh Kumar, son of late Chhachhuri Paswan, resident of Village
Wajidpur, P.S. Ghosee, District Jehanabad, at present posted as an
Assistant Teacher in Middle School Sagarpur, Anchal Makhadumpur
(West), District Jehanabad
29. Jitendra Prasad, son of Shri Sheopratap Ram, resident of Village Barki
Kothia, P.S. Buxar, District- Buxar, at present posted as an Assistant
Teacher in Middle School Dhobha, Anchal Makhadumpur (East),
District-Jehanabad.
30. Ramadhar Singh, son of Shri Mohan Singh, resident of Village- Sarta,
P.O. Sarta, P.S. Kinjer, District Jehanabad, at present posted as an
Assistant Teacher in Primary School Kalenpur, Anchal Makhadumpur
(East), District Jehanabad
31. Anil Prasad, son of Shri Muneshwar Prasad, resident of Village
Lodipur, P.O.+ P.S. Hulasganj, District Jehanabad, at present posted as
an Assistant Teacher in Primary School Math Bhagwanpur, Anchal
Makhadumpur(South), District Jehanabad.
32. Anil Kumar, son of late Jhapsi Ram, resident of Village Okari, P.S.
Jaitipur Kurwa, P.S. Ghosi, District-Jehanabad, at present posted as an
Assistant Teacher in Middle School Chariyari, Anchal, Makhadumpur
(East), District Jehanabad.
33. Ram Lakhan Manjhi, son of Ramdeo Manjhi, resident of Village
Kamdeo Bigha, P.O.+ P.S. + District Jehanabad, at present posted as
an Assistant Teacher in Middle School Tarahua, Anchal
Makhadumpru (East), District Jehanabad.
34. Kaushal Shankar Prasad, son of Shri Kali Prasad, resident of Village
Ranipur, P.O. Rej Bigha, P.S. Kako, District Jehanabad, at present
posted as an Assistant Teacher in Primary school Katrasin, Anchal
Makhadumpur (South), District- Jehanabad.
35. Satyendra Kumar, son of late Ram Prasad Pandit, resident of Village
Jolahbigha, P.O. Shakurabad, P.S. Parasbigha, District- Jehanabad at
present posted as an Assistant Teacher in Primary School Denakuli,
Anchal Makhadumpur (East), District Jehanabad
36. Kamlesh Kumar, son of Shri Shiv Shankar Thakur, resident of Village
Sarthua, P.S. Ginjee, P.S. Ghosi, District Jehanabad, at present posted
as an Assistant Teacher in Primary School Harnitar, Anchal
Makhadumpur (South), District-Jehanabad.
37. Anat Prasad, son of Shri rAmchandra Prasad, resident of Mohalla
Chaughra, P.O.+ P.S. Patna City, District Patna, at present posted as
an assistant Teacher in Middle School Dharaut, Anchal
Makhadumpur, District Jerhanabad
38. Dharmendra Kumar, son of Shri Kail Das, resident of Village- Sarsi,
P.S. Paliganj, District- Patna, at present posted as an Assistant Teacher
in Middle School Nawabganj, Anchal Makhadumpur, (South),
District- Jehanabad
39. Surendra Kumar , son of Shri Jangi Das, resident of Village Naiki,
Patna High Court CWJC No.8691 of 2002 (6) dt.05-05-2014
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P.O. Sihuli Khaira, District Aurangabad, at present posted as an
Assistant Teacher in Middle School Chhotiyana, Anchal
Makhadumpur, District Jehanabad.
40. Ram Kumar Sharma, son of Shri Shreeram Sharma, resident of Village
Rasidpur, P.O. Sakari, Chauki, P.S.+ District Arwal (Jehanabad), at
present posted as an Assistant teacher in Primary School Belhari,
Anchal Karpi, District Arwal (Jehanabad)
41. Rakesh Kumar, son of late Radheshwayam Prasad Sharma, resident of
Village+ P.O. Kharasin, P.S. Karpi, district Arwal (Jehanabad), at
present posted as an Assistant teacher in Primary School Kasturipur,
Anchal Karpi, District Arwal (Jehanabad)
42. Vijay Kumar, son of Shri Shatrughan Sharan Singh, resident of
Village Ankopur, P.O. Belkhara, P.S. Arwal, District- Arwal
(Jehanabad), at present posted as an Assistant Teacher in Primary
School Ramgarh, Anchal Karpi, District Arwal (Jehanabad)
43. Shushil Kumar, son of late Shyamnandan Sinha, resident of Village
Mungila, P.O. Shankarpur, Emamganj, P.S. Paliganj, District-Patna, at
present posted as an Assistant Teacher in Primary School,
Andhrachak, Anchal Karpi, District Arwal (Jehanabad)
44. Umesh Kuamr Singh, son of Shreeram Singh, resident of Village
Payarechak, P.O. Sarwan, P.S. Arwal, district Arwal (Jehanabad), at
present posted as an Assistant Teacher in Primary School Chainpur,
Anchal Karpi, District Arwal (Jehanabad)
45. Bipin Kumar, son of late Maheshwar Rajak, resident of Mohalla Ram
Krishna Colony,(Kamal Kunj), P.O. Mahendrau, p.S. Mehendrau,
District Patna at present posted as an Assistant Teacher in Primary
School Kasturipur, anchal Karpi, District Arwal (Jehanabad)
46. Praveen Kumar, son of Shri jagdish Ram, resident of Village +P.O.
Chaungai, P.S. Murar, District Buxar, at present posted as an Assistant
Teacher in primary School, Paharpura, Anchal Karpi, District Arwal
(Jehanabad)
47. Yugal Kishore Singh, son of Shri shiv Saran Singh, resident of
Village- Bhagwanpur, P.O. Masadpur, P.S. Parasi, District Arwal
(Jehanabad), at present posted as an Assistant Teacher in Primary
School-Kusare, Anchal Karpi, District Arwal (Jehanabad)
48. Rajiv Kumar, son of Shri Shri Yamuna Sharma, resident of Village-
Chainpura, P.O. Shakurabad, P.S. Shakurabad, District Jerhanabad, at
present posted as an Assistant Teacher in Primary School,
Hanshrajbagh, Anchal Karpi, District Arwal (Jehanabad)
49. Chaudhary Charan Kumar, son of Shri Chaman Chaudhary, resident of
Village- Mausdabad, P.O. Niranjanpur, P.S. Mehandia, District Arwal
(Jehanabad), at present posted as an Assistant Teacher in Primary
School Mogalapur, Anchal Karpi, District Arwal (Jehanabad)
50. Rajiv Kumar, son of late Vishnudayal Singh, resident of Village
Sukhibigha, P.O. Hirdyachak, P.S. Kaler, District Arwal (Jehanabad),
at present posted as an Assistant Teacher in Primary School Parha,
Anchal Karpi, District Arwal (Jehanabad)
51. Satish Kumar, son of Shri Ramashray Singh, resident of Village
Sukhibigha, P.O. Sarwa, P.S. Arwal, district Arwal (Jehanabad), at
present posted as an Assistant Teacher in Lodipur, Anchal Karpi,
District Arwal (Jehanabad)
52. Md. Mahabub, son of Md. Hussain, resident of Village+
Patna High Court CWJC No.8691 of 2002 (6) dt.05-05-2014
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P.O.Baidrabad, P.S. + District Arwal (Jehanabad), at present posted as
an Assistant Teacher in Primary School Anuwan, Anchal Karpi,
District Arwal (Jehanabad)
53. Shashi Bhushan Paswan, son of late Kameshwar Paswan, resident of
Village More, P.O. More, P.S. Mokama, District- Patna, at present
posted as an Assistant Teacher in Primary School, Nagwan, Anchal
Karpi, District Arwal (Jehanabad)
54. Deokant Kumar, son of Shri Sarwan Kumar, resident of Village
Gopalpur, P.O. Niranjanpur, P.S. Mehandia, District Arwal
(Jehanabad), at present posted as an Assistant Teacher in Middle
School Vanshi Kalyanpur, Anchal Karpi, District Arwal (Jehanabad)
55. Suresh Kumar, son of Shri late Rajdeo Singh, resident of Village-
Chhathu Bigha, P.O. Sarwan Via Baidrabad, P.s. + District Arwal
(Jehanabad), at present posted as an Assistant Teacher in Girls Middle
School, Karpi, Anchal Karpi, district Arwal (Jehanabad).
56. Anuj Kumar, son of Shri Ramsubhag Prasad, resident of Village-
Sugaon, P.S. Makhadumpur, District Jehanabad, at present posted as
an Assistant Teacher in Primary School Aripur, Anchal Makhadumpur
(South), District-Jehanabad
57. Vidyabhushan Kumar, son of Shri Kail Das, resident of Mohalla-
Chaughara, P.S. Patna City, District Patna., at present posted as an
Assistant Teacher in Primary School Fekubigha, Anchal Arwal,
District Arwal (Jehanabad)
58. Manoj Kuamr, son of Shri Radha Raman Das, resident of Village
Okari, P.O. Jaitipur, Kumua, District Jehanabad, at present posted as
an Assistant Teacher in primary School Ramdeochak, District
Jehanabad.
59. Jitendra Singh, son of Shri Sukhdeo Singh, resident of Village
Dhallapur, P.S. Chana Dihri, District Arwal (Jehanabad), at present
posted as an Assistant Teacher in Urdu Primary School Malathi,
Anchal Makhadumpur, District Jehanabad
60. Dinesh Prasad, son of Shri Ayodhya Prasad, resident of Village+ P.O.
Nauri, P.S. Parasbigha, District Jehanabad, at present posted as an
Assistant Teacher in Primary school Makarpur, Anchal Makhadumpur,
District Jehanabad
61. Nanhak Rajak, son of Sri Shakhichand Rajak, resident of Village
Sherpur, P.O.+ P.S. Karpi, District Arwal (Jehanabad), at present
posted as an Assistant Teacher in Middle School Sohsa, Anchal
Arwal, District Arwal (Jehanabad)
62. Arbind Kumar, son of Sri Ramdhari Prasad, resident of Village + P.O.
Walidad, P.S. Mehandia, District Arwal (Jahanabad), at present posted
as an Assistant Teacher in primary School Sherpur (Hindi), Anchal
Karpi, District Arwal (Jehanabad)
63. Devendra Kumar, son of sri Krishna Prasad, resident of Village + P.O.
Kako, P.S. Kako, District Jehanabad., at present posted as an Assistant
Teacher in Middle School Sonbhadra Anchal Karpi, District Arwal
(Jehanabad)
64. Vijay Shankar Singh, son of Shri Ram Ratan Singh, resident of
Village-and P.O. Paibigha, P.S. Belaganj, District Gaya, at present
posted as an Assistant Teacher in Primary School Sripatpur, Anchal
Makhdumpur, District-Jehanabad
65. Subhash Paswan, son of Shri Sajeevan Paswan, resident of Village
Patna High Court CWJC No.8691 of 2002 (6) dt.05-05-2014
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Khapura, P.O. and P.S. Ghosi, District Jehanabad at present posted as
an Assistant Teacher in Primary School Mehewa, Anchal
Makhdumpur, District-Jehanabad.
... .... Petitioner/s
Versus
1. The State of Bihar through the Secretary Department of Human
Resources, Bihar, Patna.
2. The Commissioner-cum-Secretary, Department of Human Resources,
Development Bihar, Patna.
3. The Commissioner-cum-Secretary, Department of Finance, Bihar, Patna
4. The Special Secretary, Department of Finance, Government of Bihar,
Old Secretariat, Patna.
5. The Additional Finance Commissioner (Resources) Department of
Finance, Government of Bihar, Old, Secretariat, Patna.
6. The Deputy Secretary, Department of Finance, Government of Bihar,
Patna.
7. The Director, Primary Education Primary, Secondary and Adult
Education Department, Government of Bihar, Patna.
8. The District Education Establishment Committee through its Chairman,
District Magistrate, Jehanabad
8A. The District Education Establishment Committee through its Chairman,
District Magistrate, Arwal.
9. The Regional Deputy Director of Education, Gaya
10. The District Superintendent of Education, Jehanabad
11. The District Accounts Officer, Jehanabad
12. The Treasury Officer, Jehanabad
13. The Headmaster of Middle School, all Drawing and Disbursing Officer
of the aforesaid petitioners, District Jehanabad.
13A.The Headmaster of Middle School, all Drawing and Disbursing Officer
of the aforesaid petitioners, District Arwal.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Umesh Kr.Mishra, Advocate.
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
6 05-05-2014Heard learned counsel for the petitioners and learned counsel for the State.
2. In the present writ petition petitioners are seeking relief for quashing the order dated 16.1.2001 issued under the signature of Deputy Secretary, Department of Finance Patna High Court CWJC No.8691 of 2002 (6) dt.05-05-2014 7 (respondent no.6) as contained in Memo No.3M-2- HQ.55/2000/263(F)(2) dated 16.1.2001 by which he has communicated the decision of the Cabinet Economy Committee for grant of only matric untrained scale with effect from 1.1.1996 in the revised scale of pay who did not hold the teachers training certificate. Further prayer has been made for issuance of writ in the nature of mandamus for directing and commanding the respondent authorities to fix the pay scale of the petitioner in the scale of Rs.4500-7000 on the basis of the Finance Department Resolution No.6022 (F)(2) dated 18.12.1989 prior to completion of training on the basis of their higher qualification at the time of appointment and also for giving direction to respondent authorities for payment of arrears of salary to the petitioners in view of their present fixation with effect from 1.1.1996 till completion of training. Further prayer has been made for directing the respondent authorities to pay matric trained scale to the petitioners from July 200 to August 2001 and the period in which the petitioners had been sent for one year service training.
3. It appears that the petitioners were appointed as Assistant Teachers before 1991 and they were being paid their Patna High Court CWJC No.8691 of 2002 (6) dt.05-05-2014 8 salary on the basis of higher qualification. They were paid matric trained scale and later on after acceptance of 5th Pay Revision Commission Report the Finance Department in its resolution no. 6022 dated 18.12.1989 the teachers who were trained were given scale of Rs.4500-7000 and those who are untrained would be paid Rs.3050-4590 was sanctioned.
4. Again the Teachers Association (Shikshak Sangh) entered into an agreement and in pursuance thereof the Finance Department vide memo no.660 B(2) dated 8.2.1999 decided those teachers who had/have higher qualification were made entitled to Rs.4500-7000 on the condition that if they would clear the training and the scale of pay was given on provisional basis.
5. A writ petition vide C.W.J.C. No.7103 of 1999 (Binay Kumar Rai and others Vs. state of Bihar and others) was filed before this Court and this Court passed the order on 17.5.2000 and in pursuance thereof Finance department after considering the order this class of teachers were given the pay scale of Rs.3050-4590 with effect from 1.1.1996 and directed to realize the excess amount paid to the petitioners.
6. The Hon'ble Supreme Court stayed the realization of the amount with regard to granting trained pay scale to the Patna High Court CWJC No.8691 of 2002 (6) dt.05-05-2014 9 teachers who are untrained came for consideration before this Court in the case of Chandra Kant & others Vs. The State of Bihar & others, reported in 2010(4) PLJR 732 and this Court in paragraph 29 has held as follows:
".... Hence, it is not possible to issue a writ of mandamus to implement the recommendations of the FAC. Grant of matric trained scale to untrained teachers cannot be directed by this Court, particularly due to provisions in the Rules. In that view of the matter the Apex Court also in the case of Ram Vijay Kumar and others Vs. State of Bihar and others (supra) directed only for completing the training of untrained teachers within two years"
7. The Court in paragraph nos. 30, 31 and 32 of the aforesaid order has held as follows:
"30 Coming to the last issue, we find merit in the submission advanced on behalf of the appellants that due to inability of the State Government to hold the required examination within a reasonable time, the appellants who were successful have suffered undue hardship. In that view of the matter, when the examination could not be held within two years in spite of directions of the Apex Court and even later, as per directions of this Court, we are of the view that the State Government which has the necessary powers, must take steps to relax Rule 11 of the Rules as a one time measure within a reasonable time and take a prompt decision to grant matric trained scale to the teachers who have passed the in-service training examination in June, 2005 from any date which may be found suitable and reasonable so as not to affect such teachers adversely for the unusual delay in holding the training examination. It would be reasonable and appropriate to grant matric trained scale to such teachers as indicated above from any reasonable date, may be from the date when the period Patna High Court CWJC No.8691 of 2002 (6) dt.05-05-2014 10 of two years fixed by the Apex Court for completing the training of such teachers expired without compliance or even from 1.10.2003, i.e. when actual payment in Matric trained scale was stopped. Keeping in view the requirements of Article 14 of the Constitution, benefit of advancing the date for grant of Matric trained scale, as indicated above will also be made available to such teachers who may pass the training examination in the second attempt. For them the date will vary but benefit should be on same lines as given to those who have passed in the first attempt.
31. We, accordingly direct the respondents to take appropriate decision in the light of observations and directions indicated above within three months from today.
32. We have no hesitation in holding that in the light of law laid down by the Supreme Court and by this Court, no recovery shall be made of the alleged excess payment made to the untrained teachers on account of payment to them in matric trained scale. In the present case the excess payment was made by the authorities on account of wrong interpretation or ignorance of rule 11 of the Rules and the employees concerned had no means of knowing that they were getting payment by mistake. On that principle, as enunciated in the case Syed Abdul Qadir Vs. the State of Bihar (Supra), we restrain the respondents form making any recovery from the appellants. It is made clear that this order shall be applied by the respondents in case of appellants as well as all other similarly situated teachers appointed as untrained teachers after coming into force of 1991 Rules."
8. In pursuance thereof the Government has issued the resolution dated 29.7.2011 and again the matter came up for consideration before this Court in the case of Ramakant Yadav & ors. Vs. The State of Bihar & others, reported in 2014 PLJR 423 where the Court has interpreted the circular Patna High Court CWJC No.8691 of 2002 (6) dt.05-05-2014 11 and in paragraph 13 it has been held that Chandrakant case attained finality, questioned by none. The benefit of one time relaxation under it is available only to those who fall within the classification made in it as discussed above.
9. Learned counsel for the petitioners submits that their cases are completely covered by the case of Ramakant Yadav(supra) and Chandrakant (supra) and further submits that in paragraph 7 of the counter affidavit it has been stated as follows:
" That it is humbly submitted that the grievance of the petitioners shall be considered in the light of departmental order dated 29.7.2011 vide memo no.790 dated 29.7.2011 passed by the Human Resources Development department Government of Bihar, Patna."
10. If the cases of the petitioners are squarely covered by the cases of Chandrakant (supra) and Ramakant Yadav(supra) including by the departmental order dated 29.7.2011 vide memo no.790 dated they should be given the same benefit as has been given to the similarly situated persons. It is very old case so the District Education Officer, Jehanabad and District Programme Establishment Officer, Arwal are directed to consider the case and pass the final order within a period of six months from the date of receipt/production of a copy of Patna High Court CWJC No.8691 of 2002 (6) dt.05-05-2014 12 this order.
11. With the aforesaid observation and direction this writ petition is disposed of.
Vinay/- (Shivaji Pandey, J)