Patna High Court
Malti Verma vs The State Of Bihar on 5 March, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.395 of 2022
In
Civil Writ Jurisdiction Case No.5984 of 2022
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Malti Verma Wife of Late Rajendra Prasad Verma, C/o Minakshi Garments, in
front of Amawan Palace, Mohalla Thakurbari Road, P.S. Kadam Kuan,
District Patna.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department
Govt. of Bihar, Patna.
2. The Director Primary Education, Govt. of Bihar, Patna.
3. The District Education Officer, Patna.
4. The District Programme Officer (Establishment), Patna.
5. The Block Education Officer, Patna Sadar, Patna.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Amar Nath Singh, Advocate
For the Respondent/s : Mr. Ram Vinay Prasad Singh, AC to GA XII
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 05-03-2025
Heard learned counsels for the parties.
2. In the instant appeal, appellant has assailed the
order of the learned Single Judge dated 06.07.2022 passed in
C.W.J.C. No. 5984 of 2022.
3. Brief facts of this case are that the appellant was
initially appointed as a Matric Untrained Teacher on 05.01.1967.
She had undergone two years training course in the year 1970
and she had been extended Matric trained scale on 24.11.1970.
Patna High Court L.P.A No.395 of 2022 dt.05-03-2025
She had acquired graduation in the year 1979, thereafter she was
entitled to have the benefit of trained graduate scale on account
of acquisition of degree in the year 1979 and it was not
extended. Further, she had been extended first time bound
promotion in the year 1987 and second time bound promotion in
the year 2001 and she has attained the age of superannuation
and retired from service in the year 2008. She had cause of
action in the year 1979 on acquisition of degree qualification for
the purpose of claiming graduate trained scale. On the other
hand, she has knocked the door of this Court in the year 2022 in
filing C.W.J.C. No. 5984 of 2022 and it was dismissed on the
ground of delay on 06.07.2022. No doubt, the learned Single
Judge has taken note of Hon'ble Supreme Court decision in the
case of M.R. Gupta Vs. Union of India & Others reported in
(1995) 5 Supreme Court Cases 628. Insofar as principle of
recurring cause of action has not been appreciated and so also
third party right is not affected in the event of extending
graduate trained scale to the appellant, i.e. three years prior to
filing of C.W.J.C. No. 5984 of 2022. To the above extent,
learned Single Judge has committed error in the light of
principle laid down in M.R. Gupta case cited (supra). Third
party right is not affected in the event of granting graduate
Patna High Court L.P.A No.395 of 2022 dt.05-03-2025
trained scale to the appellant. In fact, on acquisition of degree
qualification and if it was submitted or bring it to the notice of
the concerned authority, the authority suo moto should have
extended the benefit of graduate trained scale.
4. Be that as it may, in the light of principle laid down
in M.R. Gupta case, at the best re-fixation could be undertaken
with a rider that litigant is not entitled to have monetary benefits
three years prior to filing of writ petition. In the present case,
C.W.J.C. No. 5984 of 2022 has been filed on 18.04.2022. If
three years prior to this date is taken into consideration,
appellant is entitled to have the fixation of graduate trained pay
scale w.e.f. 18.04.2019. Therefore, the concerned authority is
hereby directed to proceed to extend the trained graduate scale
to the appellant from the year 1979 on the date of acquisition of
degree qualification. However, arrears/ difference of pay is to be
extended to the appellant only w.e.f. 18.04.2019 onwards in the
light of principle laid down in the case of M.R. Gupta. The
same shall be calculated and disbursed to the appellant.
Simultaneously, time bound promotion extended in the year
1987 and 2001 is to be re-fixed in the light of fixation of trained
graduate scale from the year 1979. In that regard also difference
of pay shall be extended to the appellant from 18.04.2019. The
Patna High Court L.P.A No.395 of 2022 dt.05-03-2025
same shall be re-fixed and difference of monetary benefit shall
be calculated and disbursed in favour of the appellant within a
period of six months from the date of receipt of this order,
failing which appellant is entitled to litigation cost and it is
quantified as Rs. 25,000/- (Twenty Five Thousand).
5. Accordingly, the order of the learned Single Judge
dated 06.07.2022 passed in C.W.J.C. No. 5984 of 2022 stands
set aside. The Present L.P.A. stands allowed.
(P. B. Bajanthri, J)
(Sunil Dutta Mishra, J)
rakhi/-
AFR/NAFR
CAV DATE N.A.
Uploading Date 08.03.2025
Transmission Date
