IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.2552 of 2008 ==================================================== Uma Shankar Pathak, son of Late Braj Kishore Pathak, resident of village & P.O. Rajaura, P.S. Begusarai Muffasil, District- Begusarai, at present posted and working as an Assistant Teacher in Govt.Middle School, Ratanpura, Anchal- Begusarai, District- Begusarai. ……….. Petitioner. Versus 1.The State Of Bihar 2.The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3.The Principal Secretary, Finance Department, Govt. of Bihar, Patna 4.The Deputy Secretary, Finance (Pay Fixation) Department, Govt. of Bihar, patna 5.The Director, Primary Education, Bihar, Patna 6.The Special Director, Primary and Adult Education, Bihar, Patna 7.The Regional Deputy Director of Education, Munger Division, Munger 8.The District Superintendent of Education, Begusarai 9.The District Magistrate, Begusarai 10.The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Begusarai 11.The District Treasury Officer, Begusarai 12.The District Accounts Officer, Begusarai …………….. Respondents . ==================================================== Appearance : For the Petitioner : Mr. Umesh Kumar Mishra For the Respondents: Mr. (GP19) ==================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH DATE: 29-06-2011 ORAL ORDER (Per: HONOURABLE MR. JUSTICE JAYANANDAN SINGH) 3. 29/06/2011 Grievance of the petitioner is that on account of an entry made in his service book by the District Accounts Officer, his pay scale as Assistant Teacher was reduced and excess amount paid to him stands recovered by withholding of 2 his salary. Learned counsel for the petitioner relies on an order of this Court dated 29.7.2004 passed in C.W.J.C.No.8333 of 1999, a copy whereof is Annexure-7, to submit that the District Accounts Officer has no authority to order for reduction of pay scale and for recovery. However, he submits that a representation filed by the petitioner in the matter is pending before the District Superintendent of Education, Begusarai and he may be directed to look into the matter and pass appropriate orders in accordance with law. Learned counsel for the respondents has no objection to it. In the circumstances, this writ application is disposed of with a direction to the District Superintendent of Education or the competent authority to consider the representation of the petitioner, examine the matter himself on merits and pass appropriate orders in accordance with law preferably within a period of two months from the date of receipt/ production of a copy of this order. Final orders must be passed within the time frame as it is said that the petitioner’s salary is not being 3 paid till now. For convenience of the District Superintendent of Education/competent authority, it is advisable to the petitioner to file a fresh copy of representation before him along with a copy of this order. Pradeep/ ( J. N. Singh,J.)