- (1.) HEARD learned counsel for the parties. These three petitioners herein seek direction upon the respondent -DSE, Deoghar to grant B.Sc Trained Scale w.e.f. passing of the Training Examination i. e on 31.03.1993 with all consequential benefits, which has been granted to other similarly situated Teachers such as one Pradeep Kumar Dubey vide Memo Dated 02.01.1996, Annexure -6. The petitioners have also sought quashing of Memo No. 1124 dated 06.08.2005, Annexure -10 issued by the DSE, Deoghar by which B.Sc. untrained scale of Rs. 680 -965/ - which the petitioners were getting since May, 1983 has been cancelled apparently without any notice and without any opportunity of being heard. The petitioners have also sought direction for consideration of their cases for promotion to the post of Headmaster given to other similarly situated persons. According to the petitioners, pursuant to the policy decision of the State contained in resolution dated 05.09.1979, for a large number of posts, which were created for Primary Teachers, it was decided to appoint Untrained Teachers if Trained Teachers are not available. Accordingly, by the Government notification no. 573 dated 05.03.1983, Untrained Science Teachers like these petitioners and others were appointed through different appointment letters in May, 1983, which are annexed as Annexure -1 series in respect of individual petitioners. These petitioners were granted B.Sc untrained scale of Rs. 680 -965/ - vide Memo No. 7445 -48 dated 08.07.1988 and vide Memo No. 15017 dated 30.07.1988 respectively issued by the D.S.E. Deoghar. However, the validity of the appointment of persons like these petitioners were subject matter of writ petition being CWJC No. 1137 of 1985 and pursuant to the decision taken by the Patna High Court in the said writ petition as also other analogous writ petitions, the services of 16 such persons including these three petitioners were found to be valid vide order dated 09.05.1989 issued by the District Superintendent of Education, Deoghar, Annexure -3. It is contention of the petitioners that they subsequently obtained teacher training qualification on 31.03.1993, however, petitioners were not granted B.Sc. Trained Scale. It led to filing of writ petition on their behalf being W. P. (S) No. 6785 of 2004 and W. P. (S) No. 6795 of 2004, which were disposed of vide order dated 04.01.2005 directing the petitioners to pursue representation pending before the Competent Authority i.e. District Superintendent of Education, Deoghar, who was directed to entertain the same and pass a reasoned order within specified period.
(2.) IT is the contention of the petitioners that similarly situated persons namely Pradeep Kumar Dubey and Dasrath Mishra were granted the said B.Sc. Trained Scale upon passing the Teacher Training Examination. The order passed in respect of Pradeep Kumar Dubey by DSE, Deoghar is annexed as Annexure -6 to the writ petition. The name of said persons is reflected in order dated 09.05.1989 contained at Annexure -3 alongwith the present petitioners. Learned counsel for the petitioners submits that in similar terms the respondent authorities refused to grant B.Sc. Trained Scale to such persons like the present petitioners and this Court, after considering the stand of the respondents including applicability of Bihar Taken Over Elementary School Teachers Promotion Rules, 1993 directed such persons to be granted benefits of B.Sc. Trained Scale. It is submitted that this Court in the judgment as contained at Annexure -16 reported in 2009 (1) JLJR 338 in the case of Arbind Bhushan Dey & Others Vs. State of Jharkhand & Ors. held that the Rules of 1993, which were published on 08.07.1993, could not have been retrospectively applied from 1986 to deprive the right of the said persons, who were also placed like the petitioners. Learned counsel for the petitioners submits that in similar circumstances this Court, in the case of Bijendra Kumar Sinha & Others Vs. State of Jharkhand & Others in C.W.J.C. No. 2115 of 2001 and W. P. (S) No. 3366 of 2001 decided on 01.03.2012, relying upon the judgment reported in 2009 (1) JLJR 338 (Supra), has also quashed the orders by which the B.Sc. Trained Scale earlier granted to such persons were cancelled and amount paid to them was sought to be realized. It is submitted on behalf of these petitioners that they are entitled to similar treatment as granted to other similarly situated persons like one Pradeep Kumar Dubey, who has also been granted B.Sc. Trained Scale. Counsel for the respondent -State, on the other hand, contested the stand of the petitioners by stating that these petitioners were initially appointed in the Matric Trained Scale and the DSE, Deoghar vide Circular dated 02.06.1988 granted B.Sc Untrained Scale to these petitioners. After coming into force of 1993 Rules, the promotion and higher Scale of B.Sc. Trained Scale can only be given as per seniority depending upon vacancy and roster position as also completion of particular period in the Untrained Scale. Therefore, the claim of these petitioners have been rejected by the impugned order dated 06.08.2005. However, learned counsel for the respondents have not been able to reconcile the apparent contradictory stand given by the DSE, Deoghar in the impugned order that petitioners ought to have been given Matric Trained Scale in the Basic Grade at the time of appointment as the same is apparently in conflict with the order of the DSE, Deoghar himself contained at Annexure -3 dated 09.05.1989 in respect of 16 such Teachers. Moreover, the persons like the petitioners namely Pradeep Kumar Dubey also named at Annexure -3 and similarly situated persons like the present petitioners have been granted B.Sc. Trained Scale w.e.f. passing of the Teacher Training Examination, Annexure -6 dated 02.01.1996. The 1993 Rules were published on 08.07.1993 and the persons like the present petitioners have passed the Teacher Training Examination on 31.03.1993. In the circumstances, grounds taken by the DSE, Deoghar in the impugned order appears to be wholly arbitrary and contradictory to his own decision taken earlier in respect of these petitioners as also similarly situated person namely Pradeep Kumar Dubey, who has been granted B.Sc. Trained Scale after passing examination on 31.03.1993. For the aforesaid reasons the stand taken by the respondent no. 4, therefore, cannot be justified and the impugned order is not tenable in law as well as on facts. More so, these petitioners continued in B.Sc. Untrained Scale of Rs. 680 -965/ - w.e.f. 1983 itself pursuant to the order passed in July 1988.
(3.) IN these circumstances, the impugned order dated 06.08.2005 contained at Annexure -10 cannot sustain in the eyes of law and is therefore, quashed. Consequently, the DSE, Deoghar, respondent no. 6 is directed to grant B.Sc. Trained Scale to these petitioners with effect from the date of passing of Teacher Training Examination i.e. 31.03.1993 with all consequential benefits of arrears of salary etc. arising thereafter.;