IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.4321 OF 1999 HAZARI PRASAD, S/O LATE BANKELAL, R/O MOHALLA MIRGULABIBAGH, PATNA SADAR GALI, KHAJEKALAN, P.S KHAJEKALAN, DISTRICT PATNA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 2.THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT PATNA. 3.THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA. 4.THE HEADMASTER, GOVT. MIDDLE SCHOOL, RUKUNPURA, P.O. RUKUNPURA, VIA KHUSRUPUR,DISTRICT PATNA. 5.THE HEADMASTER, RAJKIYA KRIT MIDDLE SCHOOL, NAKHASPIND, P.O. BEGAMPUR, DISTRICT PATNA. 6.ADMINISTRATOR, PATNA MUNICIPAL CORPORATION, PATNA. 7.DISTRICT PROVIDENT FUND OFFICER, PATNA. ………………………RESPONDENTS. ----------- 06/ 26.07.2011 No one appears for the petitioner even today. Earlier also when this case was called out on 25.07.2011, petitioner had remained unrepresented. The relief sought by the petitioner in writ application as summarized reads as follows:- “a. Respondents be directed to make payment of difference of pay and allowance of arrear salary from 01.09.1991 to 31.03.1992 @ Rs.2450/- P.M. and with increments from 01.04.1992 to 31.03.1993 @ 2525 P.M. and with increments from 01.04.1993 to 2 31.03.1994 @ Rs. 2675/- P.M and with increments from 01.04.1995 to 31.03.1996 @ 2750/- P.M. and with increments from 01.04.1996 to 30.04.1996 @ Rs. 2825/- per month. b. The respondents be directed to revise the provisional pension order from 01.05.1996 @ Rs.1341/- P.M as pension. c. The respondents be directed to pay G.P.F.,amount from 01.09.1966 to Feb, 1986 with penal interest @ 18% in addition to statutory interest and make payment. d. The respondents be directed to be revised the gratuity order and make payment on the basis of the last pay drawn @ Rs. 2825/- P.M., in middle school, Rukunpura. e. The respondents be directed to pay the interest of amount of difference of pay from 01.01.1971 to 31.03.1973 as order passed by the Director, Primary Education. f. The respondents be directed to revise the order of unutilized leave and make payment on the basis of pay @ 2825/- P.M.” The respondents have filed their counter affidavit, wherein, as against the aforementioned relief of the petitioner following stand has been taken by the respondents in paragraph no. 5, which reads as follows:- “5.(i) That it is humbly submitted Group Insurance of the petitioner has been sanctioned vide memo no. 4658 dated 09.07.1996 and so far differences of pay since 01.01.1971 to 31.03.1973 is concerned the same has been sanctioned vide memo no. 4659 dated 09.07.1996 and general order passed by this deponent regarding payment of interest of difference of the same vide memo no. 1261 dt. 3 (ii) That it is humbly submitted that un-utilixed earned leave has been sanctioned vide memo no. 414 dated 25.01.1997 and so far G.P.F., in concern the same has been forwarded to District Provident Fund Officer, Patna with relevant papers to sanction the total amount of G.P.F., with interest to issue authority slip vide memo no. 1634 dated 31.07.1997. (iii) That it is humbly submitted the provisional pension and gratuity of the petitioner has been sanctioned vide memo no. 3571 dated 25.05.1996 and 3572 dated 25.05.1996. It is also pertinent to mention here that total retirement benefits of the petitioner those are sanctioned much early as mentioned above the same amount has already been paid to the petitioner as reported by Range Eduction Officer, Patna City vide his memo no. 1158 dated 20.04.2000. (iv) That it is also humbly submitted that the authority slip of final pension and gratuity has been issued by Accountant General, Bihar, Panta through the P.P.O NO. 299635 and G.P.O NO. 513 (99-2000) as per rule and deponent sent to A.G Bihar to revise the pension and gratuity of revised pay scale vide his memo no. 1902 dated 05.06.2000. (v) That so far as Annexuere-1 of this writ petition is concern the petitioner was illegally granted of B.A trained and Headmaster by the then District Superintendent of Education, Patna namely Dr. Prem Shankar Srivastava which was cancelled by the District Education Establishment Committee which was held on 13.06.1992. Keeping in view of the fact, that the petitioner’s name was placed at computerized gradation list on serial no. 65 and in which gradation list were as upto serial no. 38 teachers were granted promotion of B.A trained scale in general category. It will not be out of place to mention that the petitioner has also filed the writ application being C.W.J.C NO.6752 of 1991 and vide order dated 17.08.1992(Annexure-A/1) 4 the Hon’ble Court has directed to consider the matter by District Education Establishment Committee and as evident the decision was taken by the said committee in 1992 itself and the promotion of petitioner in B.A trained scale was cancelled (Annexure- A). The aforesaid stand taken by the respondents in their counter affidavit and despite its service on the counsel for the petitioner has not controverted by the petitioner till today. It would thus become clear that the petitioner has already been paid, whatever was admissible to him as per prevalent rules and regulations. His claim for grant of benefit on the basis of his promotion in the Graduate Trained scale of pay was never admissible to him and as such the illegal and out of turn order of his promotion issued by Dr. Prem Shankar Srivastava the then District Superintendent of Education, without following the prescribed procedure was found to be bad and was eventually cancelled by the district education establishment committee. It is also clear from the counter affidavit that even though the petitioner was placed at serial no. 65 of the gradation list and 5 persons only upto at serial no. 38 had been granted promotion by the establishment committee in the B.A trained scale of pay, he was granted such promotion merely because the petitioner was also B.A with teachers training. The petitioner was infact never entitled to get such promotion in B.A trained scale of pay which at that point of time being a promotional post was to be filled up by following the prescribed rule of seniority amongst the eligible teachers. In that view of the matter, the relief prayed by the petitioner in this writ application for restoration of his promotion on the post of B.A trained scale of pay, in the light of the stand taken by the respondents in their counter affidavit seems to be wholly misconceived. That being so, this application is wholly misconceived and is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J.) 6