Chandrakant C. Adesara And Ors. vs State Of Bihar And Ors. on 21 March, 1997
In my view, the question has been settled by a recent
Division Bench judgment of this Court in the case of
Chandrakant and others versus State of Bihar being LPA No. 412
6
of 2003 and analogous cases, which was decided on 23rd of
September 2010. In that case the controversy was also similar.
There also teachers were recruited and pursuant to this direction
of the government that untrained teachers, who were Intermediate
or Graduate were directed to be paid Matric trained teachers pay
scale. When that was sought to be taken away and recovery
order,they challenged the same before this Court they lost before
the Single Bench and virtually so before the Division Bench. The
Division Bench clearly held that the direction to pay them the
pay scale of Matric trained teacher was in ignorance of the rules
which clearly provided for two separate pay scales of teachers,
one for matric untrained. The Division Bench held that there
could be no stipulation against the statute . The Division Bench
further held that it was obligatory on the part of the State to send
all teachers for training. Once training was imparted, they would
become entitled to train teachers pay scale. The only relief that
was granted to the petitioner was that any amount that was paid
to them as trained teachers ,was held not recoverable from them
even though it was paid under a mistaken motion.