RANCHI, India, Sept. 15 -- Jharkhand High Court issued the following order on aUG. 18:

1. The respondents herein were appointed as untrained Teachers by the Human Resources Development Department, Government of Bihar in accordance with its policy decision and resolution dated 5th March 1991. The Government of Bihar had also framed the Rules known as the Bihar Primary School Teachers' Rules, 1991 in exercise of its power under Article 309 of the Constitution of India wherein there was a provision for appointing the untrained teachers and after appointment, for sending the said Teachers for in-service Teachers' Training in the Government Colleges. The respondents were untrained Graduate and were appointed in the year 1994 on the basis of the merit list prepared after completing all legal formalities. The Director, Primary Education, Government of Bihar vide letter dated 07.06.1995 took a decision to grant Grade-I scale of the Matric Trained to the untrained Teachers who are Graduate. However, after appointment of the Teachers, they were not sent for training.

2. The appointment procedure was challenged before the Patna High Court and the matter eventually went upto the Hon'ble Supreme Court in S.L.P.(C) No. 23187 of 1996, titled Ram Vinay Kumar & others Vs. State of Bihar & others. In the said S.L.P., the Hon'ble Supreme Court gave certain directions to the State of Bihar for sending the respondents for in-service training. The Finance Department, Government of Jharkhand vide letter dated 05.07.2002 granted Grade-I Matric Trained scale to such untrained Teachers with effect from 01.01.1996. It was also decided that the seniority position of the respondents shall be maintained as per the merit list prepared at the time of their appointment. However, the respondents claimed to have stagnated in the same scale for more than 12 years without any upgradation in the scale. Although the persons, who had been appointed along with the respondents had been promoted from Grade-I scale to Grade-IV scale, whereas the respondents have not been given even Grade-II scale. Accordingly, they made representation through their Association which, was rejected by the Government of Jharkhand on the ground that the untrained Teachers would not be entitled to promotion from Grade-I scale to higher scale and they would be entitled to Grade-I scale only from the date of acquiring Teachers' Training Certificate. Aggrieved by the said order, the respondents preferred W.P.(S) No. 2758 of 2013 which came to be allowed by the learned writ court vide its order dated 07.05.2013. The operative portion whereof reads as under:

"This writ petition as well as I.A. No. 2732 of 2013 are disposed of holding that the petitioners are entitled to get Grade-I from the date of their joining i.e. on 9.9.1994, 12.9.1994, 13.9.1994 and 15.9.1994 respectively and not from the date of completion of the Teachers' Training and are entitled to get all consequential benefits accordingly."

3. Record reveals that since the order regarding consequential benefits was not being implemented therefore, the respondents filed Cont. Case (C) No. 646 of 2013 complaining therein that even though the respondents had been granted Grade-I and Grade-II scales, they were granted Grade-IV scale with effect from 01.04.2003 without any monetary benefits. This position was not disputed by the appellants herein and the only contention raised before the Contempt Court was that these benefits were required to be paid on notional basis. However, the contention raised by the appellants did not find merit before the Contempt Court and it accordingly, directed the appellants to pay the arrears of salary with effect from 01.04.2003.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpG09MD1B7InSx%2FUE3W4LKgn5DR%2FzNdt6WWHTNFiNROey&caseno=LPA/363/2023&cCode=1&cino=JHHC010235252023&state_code=7&appFlag=)

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