IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2828 of 2000
Naresh Kumar Sinha
Versus
The State Of Bihar & Ors
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9. 16.9.2011 While hearing was concluded and the order was to be
dictated this Court would find that certain explanations on behalf
of the respondents are lacking in the counter affidavit/
supplementary counter affidavit.
List this case after three week in order to enable Mr.
S.K.Mandal, learned counsel for the State, to apprise this Court as
to whether a teacher appointed initially on stipend with a
qualification of B.Sc. or I.Sc. trained on being regularized in
service would be entitled to basic post of Matric trained teacher or
will be given the post of I.Sc. trained and B.Sc. trained. Such
query has to be answered by the State in keeping with the facts of
the petitioner who came to be appointed before 1986 when direct
appointment even on the post of B.Sc. trained teacher and I.Sc.
trained teacher was envisaged apart from promotion on such post.
The petitioner in fact claims that he was given such B.Sc. trained
scale of pay by the D.S.E., Patna on 19.4.1989 (Annexure 7) in
view of the order of the State Government dated 20.11.1982
wherein it was prescribed that a person appointed on stipend
would be entitled to payment of salary as per his qualification and
since the petitioner on the date of his being appointed as a teacher
on stipend was holding the qualification of B.Sc. trained, he also
was given such benefit by the competent authority, namely,
D.S.E., Patna.
2
The respondents, therefore, are directed to file their
supplementary counter affidavit explaining all these aspects and
also the fact as to whether the order passed in favour of the
petitioner granting him B.Sc. trained scale of pay, as contained in
Annexure 7, was ever cancelled by a specific order after
complying the principle of natural justice.
List this case after three weeks under the heading
‘for hearing’ at the top of the list as a tied up matter.
Let a copy of this order be given to Mr. S.K.Mandal,
S.C.24 for its strict compliance.
(Mihir Kumar Jha,J.)
Surendra/