PATNA HIGH COURT ISSUES JUDGEMENT ON NAWDIP CHAND SINGH V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Oct. 15 -- Patna High Court issued the following judgment on Sept. 16:

Heard the parties.

2. The petitioner has approached this Court seeking a direction upon the respondent authorities to consider his grievance and grant trained pay scale to him after completion of three years of regular service from the date of appointment with all consequential benefits for which the petitioner is entitled under law.

3. Learned Advocate for the petitioner referring to the Bench decision of this Court in CWJC No. 7322 of 2017 has submitted that the identical issue has come up for consideration before this Court and the Court having considered the fact that there is no lapses on the part of the petitioner as he was not sent for in service training earlier and as such he cannot be made to suffer on account of lapse of the respondents, directed to consider the case of the petitioner for grant of Matric trained scale on completion of three years from the date of joining of the petitioner.

4. The afore noted decision has been placed on record as Annexure-P/5. Learned Advocate for the petitioner further contended that the identically situated persons have approached this Court in CWJC No. 494 of 2020 wherein the Court having taken note of the grievance has relegated the matter to the District Education Officer, Khagaria to consider their claim and pass necessary orders, in the light of above referred decision.

5. Learned Advocate for the State fairly submitted that since the petitioner has already approached before the authorities concerned, they shall consider the grievance of the petitioner and take appropriate action.

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the Bench decision of this Court in CWJC No. 7322 of 2017, which came to be disposed of on 11.04.2018, the present writ petition stands disposed of with liberty to the petitioner to approach before the respondent Nos. 3 and 4 along with the afore noted decisions, preferably within a period of four weeks from today. In case, such representation is filed, the same shall be considered and disposed of in accordance with law, within a further period of eight weeks.

7. Suffice it to observe that if the claim of the petitioner finds favour, necessary order for monetary benefit shall also be passed.

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