CIVIL WRIT JURISDICTION CASE No.3747 OF 1998. ------------ IN THE MATTER OF APPLICATIONS UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ------------- 1.Rajendra Nath Jha, S/o Dr. Modnath Jha, Mahilla Primary Teachers Training College, Chandwara, Muzaffarpur, P.S. & District- Muzaffarpur. 2. Rajesh Shrivastava s/o Sri Siyaram Prasad, Mahila Primary Teachers Training College,Chandwara, Muzaffarpur, P.S. & District-Muzaffarpur. 3. Dhiraj Kumar s/o Sri Ram Das, Primary Teachers Training College, Patahi, District- Muzaffarpur. 4. Kamal Kishore Singh s/o Sri Raj Mangal Singh, Mahila Primary Teachers Training College,Chandwara, Muzaffarpur, P.S. & District-Muzaffarpur. 5.Priyadarshi Saroj s/o Sri Rambrit Sah, Government Teachers Training College, Turki, district-Muzaffarpur. 6. Sumant Kumar s/o Sri Bedbrat Sharma, Primary Teachers Training College, Patahi, Muzaffarpur. 7. Dharmesh Prasad Gupta s/o Sri Gopal Prasad Gupta, Mahila Primary Teachers Training College,Chandwara, Muzaffarpur, P.S. & District-Muzaffarpur. 8. Kailash Rai s/o late Fudeni Rai, Mahila Primary Teachers Training College,Chandwara, Muzaffarpur, P.S. & District- Muzaffarpur. 9. Binita Kumari d/o Sri Arjun Sharma, Mahila Primary Teachers Training College,Rambagh, Muzaffarpur, P.S. & District- Muzaffarpur. 10. Hemant Kumar s/o late Mahadeo Ram, Primary Teachers Training College,Patahi, Muzaffarpur. 11. Sanjay Kumar s/o Sri Dwarika Prasad. 12. Rajesh kumar s/o Sri Dwarika Prasad. 13. Bijay Kumar Singh s/o Sri Tej Narayan Singh. 14. Kumarjit Paswan s/o late Ramanandan Paswan. All in Primary Teachers Training College, Pathani, district- Muzaffarpur. 15.Raghubir Singh s/o Shri Shyam Lal Singh,Teachers Training College, Turki, Muzaffapur. 16. Arbind Kumar Chaurasia s/o Sri Mahadeo Prasad, Primary Teachers Training College,Patahi, Muzaffarpur. 17. Ashik Rai s/o Sri Bindeshwar Rai, Primary Teachers Training College,Patahi, Muzaffarpur. 18. Jakki Alam s/o Sri Mansoor Alam, Mahila Teachers Training College,Chandwara, Muzaffarpur, P.S. & district- Muzaffarpur. 19. Renu Shriastava d/o Sri Siyaram Prasad, Mahila Teachers Training College,Rambagh, Muzaffarpur. 2 20. Raman Kumar s/o Sri Ram Surat Tiwari, Mahila Teachers Training College, Chandwara, Muzaffarpur. 21. Amrita Sinha s/o Sri Ragho Prasad Singh, Mahila Primary Teachers Training College, Rambagh, Muzaffarpur. 22.Sheema Kumari d/o Shri Raj Kishore Prasad, Mahila Primary Teachers Training College, Rambagh, Muzaffarpur. 23. Pramila Devi d/o Banshi Ram, Mahila Primary Teachers Training College, Rambagh, Muzaffarpur, P.S. & district- Muzaffarpur. 24. Kumari Sheema d/o Sri Braj Bhushan Sinha, Mahila Primary Teachers Training College, Rambagh, Muzaffarpur, P.S. & district- Muzaffarpur. 25. Md. Sohrab s/o late Mod. Suleman , Mahila Primary Teachers Training College, Chandwara, Muzaffarpur, P.S. & district- Muzaffarpur. 26. Md. Firoz Alam s/o Md. Abdus Satta, Mahila Primary Teachers Training College, Chandwara, Muzaffarpur, P.S. & district- Muzaffarpur. 27. Krishnadeo Mahto s/o late Chhathu Mahto, Government Teachers Training College, Turki, Muzaffarpur. 28. Neelam Kumari w/o Krishnadeo Mahto, Mahila Primary Teachers Training College, Rambagh, Muzaffarpur, P.S. & district- Muzaffarpur. 29. Rabishanker Gupta s/o Sri Jagdish Prasad Gupta, Government Teachers Training College, Turki, Muzaffarpur. 30. Surendra Kumar s/o Sri Ram Niranjan Singh, Mahila Primary Teachers Training College, Chandwara, Muzaffarpur, P.S. & district-Muzaffarpur. 31. Shriprakash Datt Sharma s/o Sri Umesh Datt Sharma, Mahila Primary Teachers Training College, Chandwara, Muzaffarpur, P.S. & district-Muzaffarpur. 32. Rabi Ranjan s/o Sri Arjun Shama, Mahila Primary Teachers Training College, Chandwara, Muzaffarpur, P.S. & district- Muzaffarpur. 33. Brajbhushan Sah s/o Sri Ramashish Sah, Mahila Primary Teachers Training College, Chandwara, Muzaffarpur, P.S. & district-Muzaffarpur. 34. Rajesh Kumar s/o Sri Ram Charitra Prasad, Teachers Training College, Turki, Muzaffarpur. 35. Ram Nivas Singh s/o Shri Kant Singh, Mahila Primary Teachers Training College, Chandwara, Muzaffarpur, P.S. & district- Muzaffarpur. 36. Sushma d/o Sri Brahbhushan Sinha, Mahila Primary Teachers Training College, Rambagh, Muzaffarpur, P.S. & district- Muzaffarpur. 37. Tara Kumari d/o Sri Gulab Prasad Singh, Mahila Primary Teachers Training College, Rambagh, Muzaffarpur. 38. Md. Nazir Alam s/o Sri Md., latif Ansari, Mahila Primary Teachers Training College, Chandwara, Muzaffarpur, P.S. & district-Muzaffarpur. 39. Arbind Anand s/o Sri Pramod Prasad Yadav. 40. Md. Nadeem Anwar s/o Sri Sabbir Ahmad. 3 41. Ramji Parbat s/o late Jagdeo Parbat. 42. Devendra Prasad s/o Shri Sihasan Prasad. 43. Rajiv Kumar s/o late Ramdeni Chaudhary. 44. Suresh Thakur s/o late Bila Thakur. All in Mahila Primary Teachers Training College, Chandwara, Muzaffarpur, P.S. & district-Muzaffarpur. …….Petitioners VERSUS 1.The State of Bihar . 2. The Special Secretary, Secondary ,Primary and Mass Education, Government of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. 4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 5. The District Superintendent of Education, Muzaffarpur. 6. The Principal, Teachers Training College, Turki, Muzaffarpur. 7. Principal , Mahila Primary Teachers Training College, Chandwara, Muzaffarpur. 8. The Principal, Primary Teachers Training College, Patahi, Muzaffarpur. 9. The Principal, Mahila Primary Teachers Training College, Rambagh, Muzaffarpur. ………Respondents WITH CWJC No.3795 of 1998 1. Md. Azam, Son of Sk. Serafuddin, Assistant Teacher, Primary School Dhapri, P.S.-Palasi, District-Araria. 2. Ms. Belal Ahmad son of late Sk. Mohsin, Assistant Teacher, Primary School Safipur, P.S. & District- Araria. 3. Gayanand Das s/o Shivnarayan Das, Assistant Teacher, Primary School Pahdara, P.S. Raniganj, district- Araria. 4. M. Mosawir Alam s/o of Md. Matiur Rahman, Assistant Teacher, Primary School Farsadangi , P.S. Palasi, district- Araria. 5. Kamaluddin s/o late Md. Ashfaque, Assistant Teacher, Middle School Darshana , P.S. Jokihat, district- Araria. 6. Md. Naiyar Alam s/o Md. Abbass,Assistant Teacher, Primary School Tekni Machhalia, , P.S. Mahalgaon, district- Araria. 7. Md. Ahsamat Tauheed s/o Sk. Yasin, Assistant Teacher, Primary School, Mianpur, P.S. Palasi, district- Araria. 8. Md. Mabinul Haque s/o Ziaur Rahman, Assistant Teacher, Primary School Naya Tola Siktiya, P.S. Kursakanta , district- Araria. 9. Mujitaba Hassan s/o alte Nazeeruddin, Assistant Teacher, Primary School Isherwa, P.S. Mahalgaon, district- Araria. 10. Md. Shamim Momin s/o Md. Khalilur Rahman, Assistant Teacher, Primary School, Takiya Tola , P.S. Kursakanta, district- Araria. 11. Md. Shamim Akhtar s/o late Gayasuddin, Assistant Teacher, Primary School 12. , Kursakanta, P.S. Kursakanta, district- Araria. 13. Ishwar Chandra Jha s/o Jainarayan Sah, Assistant Teacher, Middle School Chanderdai, P.S. & district- Araria 4 14. Rajendra Parihastra s/o Indranand Parihastra,, Assistant Teacher, Middle School, Chanderdai, P.S. & district- Araria. 15. Surendra Kumar Bishwas s/o Thaklur Prasad Bishwas, Assistant Teacher, Primary School Kohair Banna, P.S. Narpatganj,district- Araria. 16. Mahendra Kumar Bishwar s/o Jhapatlal Bishwas, Assistant Teacher, Primary School Ramay, P.S. Forbesganj, district- Araria. 17. Birbal Kumar Verma s/o Srianth Singh,Assistant Teacher Middle School Shankerpur, P.S. Bargama, district- Araria. 18. Gauam Mandal s/o Sri Giranand Mandal, Assistant Teacher, Primary School Shankerpur, P.S. Bhargama, district- Araria. 19. Raj Kumar Bishwas s/o Yamuna Prasad Bishwas, Assistant Teacher, Primary School Tirhut Beeta, P.S. & district- Araria. 20. Shalendra Kumar s/o Deosharan Prasad Singh, Assistant Teacher, Primary School Khazoori, P.S. Bhargama, district- Araria. 21. Naveen Kumar s/o late Gobind Lal Das, Assistant Teacher, Middle School Fulha Musahri, P.S. Forbesganj, district- Araria. Versus 1.The State of Bihar through the Secretary Secondary, Primary and Mass Education, Government of Bihar, Patna.. 2. The Special Secretary, Secondary ,Primary and Mass Education, Government of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. 4. The Regional Deputy Director of Education, Kosi Division, Saharsa. 5. The District Superintendent of Education, ,Purnea-cum- Araria at Purnea. 6. The Principal, Government Teachers Training College, Saharsa. 7. Principal ,Government Teachers Training College, Kishanganj. 8. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. …… Respodents ----------- For The Petitioner : Mr. Rajendra Prasad Singh, Sr.Adv. and M/s Rajeev Kr. Singh, Onkar Kumar and Naval Kishore Singh. or the State : Mr. Sanjay Kr. No.2, G.P.-15 and Mrs. Nutan Kumari Sharma,A.C. to G.P. 15. P R E S E N T THE HON'BLE MR. JUSTICE NAVANITI PRASAD SINGH ------------ Navaniti Prasad Singh, J. The petitioners’ grievance is limited. Petitioners were appointed as teachers in Government School after due selection process. It is not in dispute that at the time of their appointments, 5 in the year 1994 though all of them were either Intermediate or Graduate, none of them were trained teachers. Immediately upon their appointments in the year 1995, the Director Primary Education issued Annexure 2 whereby it was pointed out that because of difficulty in finding trained teachers and because of difficulty in fixing their pay scales ,all newly recruited teachers, whose basic qualification was Matriculation but had Intermediate or were Graduate or Post Graduate would be given pay scale of Matric trained teacher.Following the acceptance of the Fitment Committee report by the Government at this stage, they started receiving pay scale of Rs. 1200- 2040. Then came the judgment of the Supreme Court wherein the Apex Court held that it was obligation of the State to ensure that all persons recruited the teachers must receive formal training teachers. Petitioners were sent for training . The rules appertaining to their service was then amended. The amendment of Rule 11 was effectively that during the period of training they would get pay scale of untrained teachers. This was obvious because it is only an untrained teacher who would be sent for training.The consequence whereof was that the petitioners, who were earlier being paid Matric trained teachers , their salary now was reduced for the training period to that of untrained teachers. It is for this short period that the petitioners have grievance. In my view, the question has been settled by a recent Division Bench judgment of this Court in the case of Chandrakant and others versus State of Bihar being LPA No. 412 6 of 2003 and analogous cases, which was decided on 23rd of September 2010. In that case the controversy was also similar. There also teachers were recruited and pursuant to this direction of the government that untrained teachers, who were Intermediate or Graduate were directed to be paid Matric trained teachers pay scale. When that was sought to be taken away and recovery order,they challenged the same before this Court they lost before the Single Bench and virtually so before the Division Bench. The Division Bench clearly held that the direction to pay them the pay scale of Matric trained teacher was in ignorance of the rules which clearly provided for two separate pay scales of teachers, one for matric untrained. The Division Bench held that there could be no stipulation against the statute . The Division Bench further held that it was obligatory on the part of the State to send all teachers for training. Once training was imparted, they would become entitled to train teachers pay scale. The only relief that was granted to the petitioner was that any amount that was paid to them as trained teachers ,was held not recoverable from them even though it was paid under a mistaken motion. In the present case, in the counter affidavit, it is clearly stated and not rebutted by the petitioner that petitioners’ initial appointments were on the basis of Matric untrained .It was subsequently pursuant to the directions issued by the Director of Primary Education that they were treated to be Matric trained. So far as the amendment of the rules are concerned in particular rule 11. To me it appears that it was necessitate 7 because though two pay scales of trained and untrained was there, the State has taken a decision through the Director to make payment of Matric trained to people, who were either Intermediate or Graduates but were not trained . It was only clarified that in course of training they would be treated as Matric which was only logical the training was to be imparted to untrained teachers and trained teachers would not be given trained teachers pay scale .Thus applying the judgment aforesaid it is clear that the petitioners are not entitled to any relief but at the same time I would like to clarify that the petitioners are entitled to the pay scale of untrained teachers till they received training and any amount paid above or in excess thereof is not recoverable from them .After training they will have to be placed in Matric trained, as he case may be. With the aforesaid observations and directions, the two writ petitions stand disposed of. Patna High Court , The 18th November, 2010 NAFR/ Namita/ ( Navaniti Prasad Singh, J.)