Sabita Bhattacharya vs State of Bihar and Others

Heard Mr. Ashok Priyadarshi, Learned Counsel for the petitioner and Mr. D.K. Sinha, S.C. IV, for the respondents. The writ petitioner is an Assistant Teacher in Elementary School at Sevanagar, Gaya. She had been appointed in Matric Trained scale on the basis of a Teachers'' Training Certificate issued by the Education Directorate, Government of West Bengal. That training appears to be of one year only. By a letter dated, 11 August, 1991 issued by the respondent-Director, Primary Education, Bihar it was communicated to the District Education Officer, Gaya that since the petitioner was not having two years training, therefore, she will be entitled to only matric untrained scale and further within three years she must undergo required two years training, otherwise action for termination of her appointment may be taken.

Subsequently by Annexure ''12'' dated 14th July, 1993 she had been directed to take steps for undergoing the said training.

this Court in the case reported in 1985 PLJR, P.709 (Mahendra Prasad Mehta vrs. Deputy Superintendent of Education, Katihar & another) and 1986 PLJR, 632 (Akshay Kumar Sinha & others versus Deputy Superintendent of Education, Purnea & another) has observed that training certificate from the Education Directorate, Government of West Bengal, though may be of one year is sufficient to entitle a teacher for claiming matric trained scale if she had been appointed as a teacher in that scale.

On 23.7.93 we had adjourned the case to enable the State Counsel to examine the dispute. Mr. D. K. Sinha after seeking instruction from the learned Director and on going through the aforesaid reported cases of this Court fairly conceded that the petitioner is entitled to the relief claimed for. Accordingly, we quash the impugned Annexures ''6'' and ''12''. The respondent-Director is directed to pass appropriate orders for grant of salary to the petitioner within a week from today under communication to the petitioner.

If may be clarified that now under the Bihar Elementary Schools (Taking over and Control) Rules, 1993 which has come into force on 9th July, 1993, the date of its publication in the official Gazette the word "trained" has been defined under Rule-2(12) of the Rules which excludes one years teachers'' training from the definition except during service tenure for entitling a trained scale.

The writ application is accordingly allowed to the extent indicated above. Let a copy of this order by handed over to Mr. D. K. Sinha, S.C. IV.