Vinay KumarVs State Of Bihar And Others

Madhuresh Prasad, J

The matter was mentioned for listing on urgent basis, which was allowed by Hon'ble the Chief Justice.

Accordingly,. the. same. has. been. listed. today. for. consideration. through. Video. Conferencing. in. view. of. the. Nationwide. lock. down. on. account. of. the. COVID. 19. Pandemic.

Learned. counsels. are. appearing. and. making. submissions. from. their. residence.. The. Court. Master. and. Secretary. are. also. part. of. this. virtual. Court. proceedings. with. the. aid. of. audio. visual. technology.

Heard. Mr. Umesh. Kumar. Mishra,. learned. counsel. for. the. petitioner. and. Mr. Khurshid. Alam,. learned. AAG. XII. for. the. State.

Petitioner. claims. to. have. been. appointed. as. Matric. Trained. Teacher,. while. he. was. possessing. the. higher. qualification. of. Graduate,. though. he. was. untrained.

It. is. his. case. that. he. was. appointed. on. 12.06.1996. and. joined. on. 15.06.1996. as. Matric. Trained. Teacher.. After. completing. 12. years. service. as. a. Teacher,. he. was. granted. senior. pay. scale. with. effect. from. 15.06.2008. vide. Memo. No. 746. dated. 27.02.2019.

On. 20.04.2020,. the. Director,. Primary. Education. brought. out. an. order. that. contemplates. grant. of. senior. pay. scale. to. Untrained. Teachers. who. were. appointed. on. the. post. of. Matric. Trained. Teachers,. and. possessed. higher. qualification,. and. were. appointed. prior. to. 31.12.1995.. Pursuant. to. order. dated. 20.04.2020,. an. office. order. dated. 09.05.2020. has. also. been. issued. by. the. District. Education. Officer,. Bhojpur,. Ara. directing. for. recovery. of. excess. amount. paid. on. account. of. senior. scale. pay.

It. is. submitted. by. the. petitioner's. counsel. that. as. a. result. of. the. two. orders. dated. 20.04.2020. and. 09.05.2020,. the. benefit. of. senior. pay. scale. granted. to. the. petitioner. on. 27.02.2019. with. effect. from. 15.06.2008. is. likely. to. be. withdrawn. and. monetary. recovery. is. also. likely. to. be. made. from. the. petitioner.. petitioner's. counsel. submits. that. the. benefit. of. senior. pay. scale. granted. to. him. with. effect. from. 15.06.2008. is. due. and. legal. in. view. of. subsequent. decision. of. this. Court. in. CWJC. No. 6139. of. 2007. in. the. case. of. Ram. Ashish. Tiwary. &. Others. -Versus-. State. of. Bihar. &. Others,. in. respect. of. others. similarly. situated. which. was. decided. on. 31.03.2011.. It. is. his. case. that. the. decision. has. been. affirmed. upto. the. Hon'ble. Apex. Court.. The. petitioner's. case. is,. therefore,. a. "covered. matter". in. terms. of. Clause. 4.C. (1). of. the. Bihar. State. Litigation. Policy,. 2011. (for. brevity,. 2011. Litigation. Policy).. It. is. also. his. submission. that. senior. pay. scale. was. granted. by. the. Competent. Authority. long. back. on. 27.02.2019.. There. is. no. allegation. whatsoever. that. senior. pay. scale. was. granted. to. the. petitioner. on. account. of. any. misrepresentation. or. fraud. by. the. petitioner.. In. the. circumstances,. he. submits. that. the. Authorities. are. not. justified. in. withdrawing. the. scale. and. effecting. any. recovery. on. account. thereof. from. the. petitioner.

Mr. Khurshid. Alam,. learned. AAG. XII. submits. that. without. raising. these. issues. before. the. Authority,. the. petitioner. has. directly. rushed. to. this. Court.. Only. if. the. petitioner's. claim. is. a. "covered. matter". in. terms. of. Rule. 4.C. (1). of. 2011. Litigation. Policy. by. judgment. in. the. case. of. Ram. Ashish. Tiwary. (supra),. the. benefit. of. senior. pay. scale. may. be. continued. in. his. favour.. If. the. petitioner. had. approached. the. Authority. raising. the. grievances,. which. he. has. raised. before. this. Court. today,. the. same. would. have. been. considered.. He. submits. that. the. claim. of. the. petitioner. was. never. raised. before. the. Authority. including. the. Director. who. has. issued. the. impugned. order.

Considering. the. rival. submissions,. this. Court. would. also. agree. with. the. submission. of. the. learned. State. Counsel. in. so. far. as. he. raises. an. objection. regarding. the. petitioner. rushing. directly. to. this. Court. without. raising. his. grievance. before. the. Authority.. This. Court,. however,. would. also. not. overlook. the. fact. that. the. petitioner. has. been. receiving. the. benefit. since. long.. Petitioner's. counsel. has. also. specifically. asserted. that. grant. of. material. on. record. does. not. even. suggest. that. the. grant. of. benefit. to. the. petitioner. on. 27.02.2019. with. effect. from. 15.06.2008. was. not. given. on. any. misrepresentation. or. fraud.

This. Court,. therefore,. is. of. the. opinion. that. interest. of. justice. would. be. served. if. the. petitioner's. claim. is. considered. by. the. Director,. and. a. reasoned. and. speaking. order. is. passed. thereon.

Petitioner's. counsel. submits. that. to. facilitate. such. consideration,. he. would. be. submitting. his. detailed. claim/representation. within. a. week. before. the. Director.

Mr. Khurshid. Alam. submits. that. if. such. representation. is. filed. within. a. week,. the. Authority. would. consider. the. petitioner's. claim. and. pass. a. reasoned. and. speaking. order. thereon. within. three. weeks. thereof,. under. intimation. to. the. petitioner.

In. view. of. such. submission,. this. Court. would. only. observe. that. if. the. reasoned. and. speaking. order. is. likely. to. have. any. pecuniary. consequences. on. the. petitioner,. the. same. would. only. come. into. effect. two. weeks. after. its. communication. to. the. petitioner.

This. Court. would. clarify. that. all. issues. are. left. for. the. Authority. to. decide.

Writ. petition. stands. disposed. of.