Patna High Court
Ram Pukar Choudhary And Ors vs The State Of Bihar And Ors on 3 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1080 of 2018
In
Civil Writ Jurisdiction Case No.18821 of 2010
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1. Ram Pukar Choudhary and Ors Son of Late Bachoolal Choudhary, Resident
of C.D.A. Colony, North Shashtri Nagar, P.S. Shashtri Nagar, Patna, at
Present Working as Lecturer, Selection Grade at Govt. Polytechnic, Chapra.
2. Chandrika Rawat. Son of Janki Rawat, Resident of Village-Sheosona, P.S.
Halsi, District Lakshisarai, at Present Working as Lecturer, Selection Grade,
at Government Polytechnic, Muzaffarpur.
3. Rama Shankar Singh, Son of Late Rameshwar Singh, Resident of Village
and P.O. Moudihan, P.S. Nokha, District-Rohtas, at Present Working as
Lecturer, Selection Grade, at Govt. Polytechnic, Gulzarbagh, Patna now
Deputy Director, Technical, Department of Science and Technology, Govt.
of BIhar, Patna.
... ... Appellant/s
Versus
1. The State Of Bihar and Ors
2. The Principal Secretary,Department of Science and Technology, Govt. of
Bihar, Technology Bhawan, Pa
3. The Director, Department of Science and Technology, Govt. of BIhar,
Technology BHagwan, Patna.
4. The Deputy Secretary, Department of Science and Technology, Govt. of
BIhar, Technology Bhagwan, Pat
5. Bihar Public Service Commission, Bailey Road, Patna through its Chairman.
6. The Chairman, Bihar Public Service Commission Bailey Road, Patna.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Braj Kishore Prasad Sinha, Advocate
For the Respondent/s : Mr.Mritunjay Kumar, AC to AAG-6
For the BPSC : Mr.Sanjay Pandey, Advocate
Mr.Nishant Kumar Jha, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 03-01-2023
On 13.12.2022 following order was passed:-
"Crux of the matter in the present lis is
whether appellants are entitled to alteration of date
Patna High Court L.P.A No.1080 of 2018 dt.03-01-2023
of Lecturer( senior scale) from 01.01.1998,
27.09.1998 and 28.03.1998 to that of 06.10.1995 and
07.10.1995 and 01.01.1996 or not?
Appellants fulfilled Clause 1 of 8.2 Clause
relating to grant of Lecturer (senior scale) and
criteria as on the date on which they were claiming is
for the reasons that their initial appointment was
during the period from the year 1987-1988. First
qualification is six years of service after regular
appointment as a Lecturer, in the event of acquisition
of Ph.D. and one year of M.Phil/M.E./M.Tech., there
would be relaxation of two years. The relaxation
qualification is not possessed by the appellants. The
next qualification is participation in one orientation
course/induction training and one refresher course or
industrial training of aggregate during of eight weeks
etc.
Respondents are hereby directed to
produce material information in so far as acquisition
of later qualification that appellants have undergone
orientation course/induction training and one
refresher court or industrial training of aggregate
course so as to ascertain whether the appellants are
entitled to pre-ponement of their date of promotion to
the post of Lecturer (senior scale) or not? Further
respondents are hereby directed to apprise this Court
what is the mode of sending a Lecturer to acquire one
orientation course/induction training and one
refresher course or industrial training as to whether
is it by seniority among the Lecturers. In this regard,
any circulars or any material information is
available or not, for the reasons that a Lecturer
cannot acquire the second qualification cited supra
on his or her own and it is beyond his or her control.
In other words, concerned official who is competent
to send a Lecturer to acquire the second
qualification, Lecturer is not in a position to acquire
qualification on his own.
Personal appearance of Secretary, Mr.
Lokesh Kumar Singh, I.A.S. Secretary, Department of
SC & Tech., Govt, of Bihar, Patna stands dispensed
until further orders.
Re-list this matter on 03.01.2023."
Patna High Court L.P.A No.1080 of 2018 dt.03-01-2023
Today learned counsel for the respondent filed second
supplementary counter affidavit on behalf of respondent nos. 1 to 4
Para 14 reads as under:-
"14. That the appellants have participated in training
programmes as follows:
Sr. Name of the Appellant Training Period
No
1. Ram Pukar Chaudhary, 15.11.1994 to 19.11.1994
presently posted as Lecturer- (1W)
cum-In-charge Principal, 01.03.1995 to 04.03.1995
Government Polytechnic, (4D)
Siwan 09.09.1996 to 11.09.1996
(3D)
12.09.1996 to 14.09.1996
(3D)
02.12.1996 to 07.12.1996
(1W)
01.09.1997 to 26.09.1997
(4W)
26.12.1997 to 31.12.1997
(1W)
(Completed 8 weeks on
31.12.1997 and given
promotion w.e.f. 1.1.1998)
2. Chandrika Rawat, presently 12.12.1994 to 23.12.1994
posted as Lecturer (2W)
(Mechanical) Government 01.09.1997 to 26.09.1997
Polytechnic, Muzaffarpur (4 W)
26.12.1997 to 31.12.1997
(1 W)
22.09.1998 to 26.09.1998
(1 W)
(Completed 8 weeks on
26.09.1998 and given
promotion w.e.f. 1.8.1998)
3. Rama Shankar Singh, 01.03.1995 to 04.03.1995
(Lecturer) presently posted (4 D)
as Dy-Director (Technical 09.09.1996 to 11.09.1996
Patna High Court L.P.A No.1080 of 2018 dt.03-01-2023
Science and Technology (3 D)
Department, Govt, of Bihar. 12.09.1996 to 14.09.1996
(3 D)
15.09.1997 to 26.09.1997
( 2 W)
26.12.1997 to 31.12.1997
(1 W)
02.03.1998 to 27.03.1998
(4 W)
(Completed 8 weeks on
27.03.1998 and given
promotion w.e.f. 1.4.1998)
In the light of training period mentioned against each of
the appellant it is revealed that date of promotion to the post of
Lecturer (Senior Scale) is in order.
At this stage, learned counsel for the appellant
submitted that appellants have been drafted to acquire M.Tech
qualification. Once they have completed M.Tech course of eight
weeks that should be treated as qualification for the purpose of
assigning Lecturer (Senior Scale). On the other hand, Para 8.2 of
AICTE notification on revision of pay-scale and associated terms
and conditions of service of teachers, librarians and physical
education personnel for diploma level technical institution reads as
under:-
"A lecturer will be eligible for
placement as Lecturer (Senior Scale), through a
process of selection if he/she has:
(i) Completed 6 years of service after
regular appointment as a Lecturer, with relaxation
Patna High Court L.P.A No.1080 of 2018 dt.03-01-2023
of 2 years for those with Ph.D. and one year for
those with M.Phil/M.E./M.Tech.
(ii) Participated in one orientation
course/induction training and one refresher
course or industrial training of aggregate
duration of 8 weeks, or has undertaken other
appropriate continuing education or training
programmes of comparable quality and duration
as may be specified or approved by AICTE. Those
with Ph.D. degree would be exempted from these
course/training requirements."
In the light of the aforesaid clauses there is no criteria
that if a lecturer who has been drafted to acquire
M.Phil/ME/M.Tech course and as and when he or she completed
eight weeks of M.Phil/ME/M.Tech course the same is required to
be taken into consideration for the purpose of assigning Lecturer
(Senior Scale). Therefore, the appellants have not made out a case
so as to prepone their assignment of date of Lecturer (Senior
Scale) as claimed by them.
Accordingly, the present LPA No. 1080 of 2018 stands
dismissed.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
abhishekkr/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.01.2023
Transmission Date NA
