Sanjay Kumar Bharti And Ors vs State Of Bihar And Ors

At the outset, the learned counsel for the petitioners seeks to correct the typographical error, which has occurred in the memo of parties.

Permission is granted. He may do so during the course of the day.

Heard.

The present writ petition has been filed for directing the respondents to ensure immediate payment/ extension of trained pay scale from the date of

completion of the training Programme i.e. from May 2017 and not from any date.

The learned counsel for the parties are in agreement that the present case is squarely covered by a judgment dated 01.02.2021 passed by a co-

ordinate Bench of this Court in CWJC No. 7938 of 2020 (Manoj Kumar & Ors. v. The State of Bihar & Ors.).

At this Juncture, it would be apt to reproduce paragraphs No. 9 to 12 of the aforesaid judgment rendered in the case of Manoj Kumar & Ors.

(supra), herein below:-

“9. From the facts noted above, it is evident that in similar circumstance some Panchayat teachers had approached this Court with a claim that

they are entitled for grade pay with effect from completion of their training and not with effect from the date of publication of result of the training, as

they were not responsible for the delay in publication of result. This Court in case of Kishor Kumar and Others (supra) had directed the Director

Primary Education, Government of Bihar, Patna to consider the case of the petitioner and “……...grant the benefits from the date of completion

of training to the petitioners as lapses on the part of the respondents cannot be a ground to deny the benefit of trained pay scale…….â€. In

implementation of the said order the respondents could not have deviated to deny actual benefits of grant of grade pay from the date of completion of

their training, as the direction is specific in nature to the effect that lapses on the part of the respondents could not be a ground to deny the benefits of

trained pay scale. Granting notional scale only with effect from the date of of completion of training, in my opinion amounts to defying this Court’s

direction as actual payment of trained pay scale is a benefit of grant of trained pay scale, which cannot be denied in the light of this Court’s order

in case of Kishor Kumar and Others (supra).

This writ application is accordingly allowed.

The impugned orders dated 06.01.2020 issued by the District Programme Officer (Establishment) Bhagalpur and the order dated 22.06.2020

passed by the Director Primary Education, Government of Bihar, Patna are hereby quashed.

The respondents are directed to ensure that the petitioners are paid pay scale/grade pay which they are entitled to from the date of completion of

training i.e. May, 2017. The arrears of salary shall be calculated accordingly and paid to them within a period of three months from the date of

receipt/production of a copy of this order.â€​

Having regard to the fact that the learned counsels for the petitioners as also that for the respondents have consented to disposal of the present writ

petition in terms of the aforesaid judgment rendered in the case of Manoj Kumar & Ors. (supra), I deem it fit and proper to dispose of the present writ

petition in terms of the aforesaid judgment passed in the case of Manoj Kumar & Ors. (supra). Accordingly, it is directed that the consequential

benefits shall also ensure to the benefit of the petitioners.

The writ petition stands disposed of on the aforesaid terms.