IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6840 of 1999 1. SMT.KUSUM LATA YADAV d/o late Bhola Prasad Yadav, Assistant Teacher Ghanshyam Girls Middle School, Khagaul, P.S. Khagaul, District- Patna. 2. Lalan Singh s/o Shyam Narayan Singh, Assistant Teacher Government Basic Middle School,Gounpura, Phulwarisharif, P.S. Phulwari, District- Patna. 3. Utpal Kumar Sarkar s/o Sri kamakhya Kr. Sarkar, Assistant Teacher Boys Middle School, Musallahpur, P.S. Sultanganj, district- Patna. 4. Smt. Meena Sinha d/o Sri Murlidhar Prasad, Assistant Teacher, Govt. Primary School, Suitha, Jhuggi Jhopri Parsa, P.S. Parsa, district- Patna. Versus 1.THE STATE OF BIHAR through the Commissioner, Human Resources Development Department, Government of Bihar, New Secretariat, Patna. 2. The Commissioner, Finance Department, Government of Bihar, Old Secretariat, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. 4. The Regional Deputy Director of Education, Patna. 5. The District Superintendent of Education, Patna. ----------- 4 18.4.2011 The petitioners claim to be appointed as Physical Trained Teachers and have filed this application with a claim that they should be paid at least matric trained scale. The petitioners apparently have came to this Court earlier but they were directed to file representation before the authorities concerned. The authorities have not acceded to petitioners’ request. In the meantime, it appears that the same matter came to this Court and this Court decided the same in favour of those persons, who were similarly situated to that of the petitioners, by CWJC No. 8481 of 1990, disposed of on 18.1.1995. It was, inter alia, held that petitioners therein physical trained teachers since their date of initial appointment and if that be so then the petitioners were entitled to - 2 - minimum scale of pay that of matric trained teacher pay scale of assistant teacher grade . State has preferred Letters Patent Appeal unsuccessfully. On behalf of the petitioners, in reply to the counter affidavit, several others orders of Division Bench and several other orders of Single Judge to the same effect have been annexed. In my view, following the aforesaid judgments, petitioners being similarly situated cannot be denied the reliefs as sought for and as such it is directed that if at the time of appointment petitioners were physical trained teachers then they would be entitled to the minimum pay scale of matric trained teacher in the assistant teacher grade. The authorities and in particular the Director, Primary Education, Government of Bihar, Patna is directed to take necessary steps in this regard within a period of one month from the date of production of a copy of this order before him and see that all benefits including consequential benefits and payment of money be made to the petitioners accordingly at the earliest not later than three months from the date of production of a copy of this order before him. With the aforesaid observation and directions, the writ petition is disposed of. singh (Navaniti Prasad Singh,J)