IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2563 of 2009 KAUSHALENDRA KUMAR, SON OF LATE KISHUN PASWAN, RESIDENT OF VILLAGE – JHIKTORA, POLICE-STATION- MUFASSIL AKAUNA, DISTRICT- NAWADAH, AT PRESENT ASSISTANT TEACHER OF MIDDLE SCHOOL, KAHUARA, POLICE-STATION – NADIRGANJ, DISTRICT – NAWADAH ……………….. PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR, PRIMARY EDUCATION, DEPARTMENT OF EDUCATION, GOVERNMENT OF BIHAR, VIKAS BHAWAN, PATNA 3. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN OF THE DISTRICT ESTABLISHMENT COMMITTEE, NAWADAH DISTRICT, NAWADAH 4. THE DISTRICT ESTABLISHMENT COMMITTEE, NAWADAH, DISTRICT NAWADAH, THROUGH ITS SECRETARY 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADAH, DISTRICT – NAWADA. …………………… RESPONDENTS ----------- 05. 12.07.2011 Heard learned Counsel for the petitioner and the State. Petitioner was initially appointed as Matric Trained Teacher. Subsequently, he passed Sahitya Alankar in the year 1990, which is equivalent to Graduate (B.A. Degree), as such he became the Graduate Trained Teacher. On 07.02.1996, gradation list of B.A. Trained Teachers was published by the Education Department, in which petitioner’s name is at serial no. 484. Petitioner’s grievance is that Assistant Teachers, whose names are at serial no. 495, 569, 573 and 578, were allowed the pay-scale of Graduate Trained Teacher, but so far petitioner is concerned, despite the fact that he is shown senior in the gradation list of B.A. Trained 2 Teachers, has not been allowed graduate trained pay- scale. Counter Affidavit has been filed on behalf of the District Superintendent of Education, Nawadah, Respondent No. 5, where there is no denial that petitioner’s name is above in the gradation list of B.A. Trained Teacher, but two reasons have been shown for not allowing B.A. Trained Scale to the petitioner and allowing same scale to the persons, whose names are below in the gradation list. First reason is that those persons had been appointed as I.Sc. Trained Teachers, but so far petitioner is concerned, he was appointed as Matric Trained Teacher. I fail to understand that how this can be a reason for not allowing B.A. Trained Scale to the petitioner, when already he had acquired the qualification and became graduate trained Teacher while preparing the gradation list, even the State Government considered petitioner’s seniority and the qualification, and placed him above those persons in the gradation list, who were appointed as I.Sc. Trained Teacher. Second reason is that the Government has issued a letter in the year 2008, whereby Sahitya Alankar Degree from Deoghar Vidyapith is not being recognized 3 equivalent to the B.A. Degree, for being appointed as graduate trained Teacher. This also can not be a valid ground, considering the fact that the letter issued by the Education Department in the year 2008 has only relevance in the matter of appointment of B.A. Trained Teacher. The letter issued by the Government in the year 2008 was for a have a very narrow and specific purposes, as such it can not have any application in the case of persons, like petitioner, who were already considered as B.A. Trained by the Government itself. The Sahitya Alankar Degree of the petitioner was very much recognized by the State Government and that is indicated from the fact that petitioner’s name was included in the seniority list of B.A. Trained Teacher. None of the reason, shown in the Counter Affidavit, has any application in the case of the petitioner. It has been admitted in the Counter Affidavit that petitioner is senior to those persons, who are below him, but it is stated that the Government is now going to consider cases of those, who subsequently acquired the qualification of B.A. Trained, but initially appointed as Matric Trained. I find no rational behind this statement, because once a Matric Trained Teacher acquired 4 qualification for being considered as B.A. Trained Teacher, then each and every person, whose names are included in the gradation list of B.A. Trained Teacher will be treated alike. Whatever benefits will accrue that will have to be allowed to all of them, in order to seniority. Petitioner, being senior to others, was entitled for B.A. Trained Teacher Scale, at least with effect from the date persons, below him in the gradation list of B.A. Trained Teacher, and allowed the B.A. Trained Scale. This application is allowed, giving direction to Respondents to give Graduate Trained Scale to the petitioner, with effect from the date persons at serial no. 495, 569, 573 and 578 were allowed B.A. Trained Scale. Order in this regard must be passed by the Respondents within four weeks from the date of production / communication of this Order. All benefits, accruing on account of this order, will be paid to the petitioner within four further weeks’ from the date necessary order in this regard will be filed by the Respondents. SKM (Mridula Mishra, J.)