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Judgment
Heard Mr. P. K. Shahi, learned senior counsel along with Mr. Satyam Shivam Sundaram, learned counsel for the petitioners;
Mr. Rajeev Ranjan, learned counsel for the State and learned counsel for respondent no. 7.
The petitioners have moved the Court for the following reliefs:
"i. For quashing of office order contained in memo no-328 Siwan dt. 11.02.2017 issued under the signature of D.P.O. (Establishment) Siwan whereby and whereunder a recommendation was made to terminate the service of petitioners whose employments were made to the post of Panchayat Teacher or Prakhand Teacher in Siwna District on compassionate grounds after 31.03.2015.
ii. For a direction to make payment of salary to the petitioners, which was with held due to the reasons stated in following paragraphs.
iii. For granting any other relief/reliefs to which the petitioners are found entitled too."
The grievance of the petitioners is that, in terms of the order dated 11.02.2017, a recommendation has been made to terminate their services.
Learned counsel for the petitioners submitted that in pursuance of the same, though the petitioners have not been terminated, but in spite of them discharging their duties, salary has been stopped. Learned counsel submitted that the issue, for all practical purposes, has been settled by the authorities themselves, inasmuch as, the Central Government in the Ministry of Human Resource Development, Department of School Education and Literacy, under Letter dated 03.08.2017, has communicated to all the Secretaries of Education Department, of the States and Union Territories, that untrained teachers be given time till 31.03.2019 to become trained. It was further submitted that in terms of the said order, the Principal Secretary, Department of Education, Government of Bihar, in turn, has communicated the same under his Letter No. 375 dated 16.08.2017, to all the Regional Deputy Directors of Education and District Education Officers. Learned counsel submitted that in terms of the said directions of the State Government, an opportunity was given to untrained teachers to register on-line for admission in the training course by 15.09.2017, which has been extended to 30.09.2017, and the petitioners have already applied and got registration for the said training course.
Learned counsel for the State is not in a position to controvert the submissions made by learned counsel for the petitioners.
Having regard to the aforesaid, the writ petition stands allowed. The recommendation contained in Memo No. 328 dated 11.02.2017, issued by the respondent no. 6, for terminating the services of the petitioners is set aside. The petitioners are held eligible to continue in service, subject to the condition that by 31.03.2019, they shall acquire the required training. They are also held entitled to salary, in accordance with law.