LALAN PANDEY AND OTHERS Vs. STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) The short question that arises in this application by some school teachers is as to whether they would be entitled to get the B.A. Trained scale of pay automatically on their acquiring the said academic qualification.

(2.) When the case was placed before me earlier sitting singly, I had referred it to a Division Bench for an authoritative decision on the question in issue in this case which is of very frequent occurrence.

(3.) Out of the six petitioners, the first five of them are Assistant Teachers in different middle schools and the sixth petitioner is in a primary school, all in the district of Nalanda. The first two petitioners were already trained graduates when they entered the school service but are getting salary only of Matric trained teachers. Petitioner 3 was I.A. trained when he had joined the service and became B.A. trained later on, but he is getting pay of l.A. trained only. Petitioner 4 was although B.A. when he entered into the service and got trained later on, is still getting Matric trained scale. Petitioners 5 and 6 have also similarly acquired B.A. trained qualification but are getting Matric trained pay scales.