- (1.) HEARD learned counsel for the parties.
(2.) THE petitioners are seeking direction upon the concerned respondents to grant pay scale of Rs. 5000 8000/ to them from September, 1994 as their juniors respondents nos. 6 and 7 have been granted the same by order of the Director, Primary Education, Bihar, Patna dated 15th April, 1994. These petitioners are said to have been appointed as Science Teachers vide Memo No. 5919 dated 5th December, 1989 by the District Superintendent of Education, Dhanbad respondent no. 4 pursuant to the directions passed by the Patna High Court in CWJC No. 158 of 1989(R) vide judgment/order dated 13th July, 1989. It is submitted on behalf of the petitioners that they were granted the scale of Rs. 680 965/ - by giving them seniority w.e.f. 10th September, 1981 and the revised pay scale of Rs. 1200 2040/ was also granted. However, the respondent nos. 6 and 7 were granted the said revised scale of Rs. 1400 2600/ from September, 1994, which was the senior scale of matric trained scale which was granted after completion of 12 years service as per the recommendation of the 5th Pay Revision Committee. The petitioners however were not granted the said scale on the plea that they remained untrained. The petitioners thereafter conducted their one year's teaches training course in Sessions 1999 2000, results of which were declared in August, 2004. The consequential salary of the respondent nos. 6 and 7 has been revised in the scale of Rs. 5000 8000/ w.e.f. 1st January, 1996, though the salary of the petitioners has been fixed in the scale of Rs. 45000 7000/ from the same period. The petitioners have made representations before the respondent which have not been heeded to. Learned counsel for the petitioners has relied upon the judgments rendered in the case of Arun Sinha and others Vs. State of Jharkhand and others in W.P. (S) No. 638 of 2006 vide judgment dated 4th April, 2008 (Annexure -19) and in the case of Awadh Bihari Mishra and others Vs. - The State of Jharkhand in W.P. (S) No. 5465 of 2007 vide judgment dated 18th June, 2008, to submit that after considering the cases of such persons who were initially appointed as untrained scale they were directed to be given the benefits of Grade -1 scale reckoning from the date of joining/initial appointment on completion of their training. It is submitted that the said judgments were however challenged in Letters Patent Appeal no. 214/08 and analogues cases which was rejected by the Division Bench of this Court contained at Annexure 20 dated 6th November, 2012. Learned counsel for the petitioners has also relied upon the notification dated 20th February, 1981 (Annexure -14), to submit that there was a condition prescribed therein that till such science teachers like the petitioners obtained teachers training, they would be entitled to stipend of Rs. 150/ per month. Learned counsel for the petitioners has drawn the attention of this Court to Annexure 12 to the supplementary affidavit and submitted that thereafter in the year 1982 the petitioners have been granted the regular scale of pay. However, in any case, counsel for the petitioners submits that the ratio applied in the case of Arun Sinha and others Vs. State of Jharkhand and others as also in the case of Awadh Bihari Mishra and others Vs. The State of Jharkhand, should be applicable in the petitioners' case, as admittedly, they have obtained the teaches training in the year 2004.
(3.) THE respondents on the other hand, submits that after coming into force of 1993 rules, there is a requirement of having remained for 12 years in the particular Grade for grant of any higher grade and as the petitioners have completed their training in the year 2004, they would be entitled to a higher grade in the year 2016 only and that too depending upon the vacancy and their seniority.;