Aslam Ansari & Ors vs State of Bihar & Ors

Heard learned counsel for the petitioners and the State.

The petitioners have moved the Court for the following reliefs: “(i) For issuance of an appropriate writ in the nature of mandamus commanding

and directing the respondent authorities concerned to implement the order of the Regional Deputy Director of Education, Saran Division, Chapra

issued vide memo no. 367 dated 06.06.2014 and memo no. 368 dated 06.06.2014 by which he has directed for providing graduate trained pay scale to

the petitioners from the due date of their entitlement.

(ii) For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities concerned to implement the

order of the Regional Deputy Director of Education, Saran Division, Chapra forthwith issued vide memo no. 368 dated 06.06.2014 in the case of the

petitioner nos. 1 to 3 and vide memo no. 369 dated 06.06.2014 in the case of petitioner 4, as per the direction of this Hon‟ble High Court passed in

CWJC No. 21635/2013 (Alam Ansari & Ors. Vs. the State of Bihar & Ors.) and CWJC No. 25437/2013 (Md. Anis vs. the State of Bihar & Ors) by

which the Regional Deputy Director of Education, Saran Division, Chapra has passed the reasoned order.

(iii) For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities concerned to provide

graduate trained pay scale and monetary benefits from the due date of their entitlement since when similarly situated teachers have been promoted in

graduate trained pay scale, as per the Bihar Nationalized Elementary Schools Teachers Promotion Rules, 2011 (hereinafter referred to as „the

Promotion Rules, 2011‟) and Bihar Taken Over Elementary School Teacher‟s Promotion Rules, 1993 has been repealed since 01.09.2011.

(iv) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner will be found entitled in the facts

and circumstances of the case.â€​

The petitioners no. 1 to 3, had initially moved the Court in C.W.J.C. No. 21635 of 2013, which was permitted to be withdrawn by order dated

13.01.2014, in order to enable the petitioners to press their pending appeal before the Regional Deputy Director of Education, Saran and petitioner no.

4 had also filed C.W.J.C. No. 25437 of 2013, which was disposed off in similar terms by order dated 21.01.2014.

Pursuant thereto, the respondent no. 7 has passed order contained in Memo No. 368 dated 06.06.2014, by which he has upheld the contention of the

petitioners that their case needed to be reconsidered but because of the embargo of the Sate Government against any promotion, no positive direction

has been passed.

Learned counsel for the petitioners submitted that the said stand of the respondent no. 7 is erroneous, for a right which has accrued under the

Statute cannot be taken away by way of temporary embargo upon consideration and grant of promotion. Further, he submitted that identical matter

has been decided by a co-ordinate Bench of this Court by order dated 27.03.2018, in C.W.J.C. No. 5109 of 2016, in the case of Bharat Lal and Ors.

vs. The State of Bihar & Ors.. He submitted that similar direction be issued in the present case also.

Learned counsel for the State does not oppose the prayer and in fact very fairly submitted that the present matter is similar to the case of Bharat

Lal and Ors. (supra).

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the writ petition stands disposed off

in terms of the order dated 27.03.2018 passed in C.W.J.C. No. 5109 of 2016. The direction in the said case contained in the second last paragraph

shall also apply in the case of the present petitioners.

It is indicated that the concerned respondents, as has been submitted by learned counsel for the petitioners, being respondents no. 8 and 9, shall

ensure compliance of the order expeditiously and within the time frame indicated by the Court in the order in terms of which the present writ petition is

being disposed off.