IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 2468 of 2009 Md. Yunus Ansari, son of Late Md. Ibrahim, resident of Mohalla – Dilawarpur, near Kali Tazia, P.S. – Kotwali, P.S. & District – Munger …………………. Petitioner Versus 1. The State Of Bihar through Secretary, Secondary Education, Government of Bihar, Patna 2. Additional Secretary, Secondary Education, Government of Bihar, Patna 3. Director, Secondary Education, Government of Bihar, Patna 4. Deputy Secretary, Finance Department, Bihar, Patna 5. Regional Deputy Director of Education, Bhagalpur 6. Regional Deputy Director of Education, Munger 7. District Education Officer, Bhagalpur 8. Headmaster, High School, Kharia, Akbarnagar, Bhagalpur 9. The Accountant General, Bihar, Birchand Patel Marg, Patna …………………. Respondents ---------------------------------- 05. 12.09.2011 Heard learned counsel for the petitioner and the State as well as the counsel appearing for the Accountant General, Petitioner joined his service as Assistant Teacher on 09.04.1962 at Jamui High School, Jamui and retired as Headmaster, Kherahiya High School, Akbarnagar, Bhagalpur on 30.11.1995. Petitioner’s grievance is that despite State Government‘s decision to revise the pay-scale of Teachers of taken over School under the administrative control of the Human Resources Development Department vide Finance Department’s 2 Memo No. 6022, dated 18.12.1989 and the decision taken by the District Education Officer for promoting the Secondary School Teacher in selection grade scale of 2200-4000, publishing the seniority list contained in Memo No. 1280, dated 14.08.2000. Petitioner, who is fully entitled to get the benefit of selection grade and also the scale of Headmaster with effect from the date of promotion to the post of Headmaster, has not been allowed the monetary benefits of the selection grade as well as promotion to the post of Headmaster. Petitioner filed several representations and requested the respondent authorities for allowing him the benefit of selection grade and the Headmaster’s pay-scale, but nothing was done. The Director, Secondary Education in response to the representation of the petitioner issued letter to Regional Deputy Director, Bhagalpur for sending connected documents for approval of selection grade to the petitioner, vide letter no. 2815, dated 06.12.2004, but the Regional Deputy Director, Secondary Education, Bhagalpur and the District Education Officer, Bhagalpur did not move an inch and the connected documents were not sent to the Directorate for approval and payment of revised pay- 3 scale to the petitioner. Having no other option, finally, the petitioner has filed this Writ Application for payment of monetary benefits in the revised selection grade as well as Headmaster’s pay-scale. From the Counter Affidavit filed on behalf of the Regional Deputy Director of Education, Bhagalpur, it transpires that in the office of Regional Deputy Director, there was no consideration for petitioner’s prayer unless in the Writ Application, the Respondent No. 5 was directed to file a Counter Affidavit. The activities in the Office of Regional Deputy Director of Education, Bhagalpur, suddenly started when Respondent No. 5 had to file a Counter Affidavit. Hurriedly, the Deputy Director, vide letter no. 3837, dated 12.11.2009, sought certain information from RDDE, Bhagalpur. The Regional Deputy Director furnished certain information to the Director, Secondary Education, vide letter no. 172, dated 27.07.2011. They started searching for the Service- Book of the petitioner, which was lying in the Office of the Accountant General, Bihar. In the next Counter Affidavit, filed on behalf of Respondent No. 5, it has been stated that the 4 District Education Officer, Bhagalpur, vide letter no. 2196, dated 29.08.2011 has sent draft of Rs. 13458.00, which is the differential amount payable to the petitioner on fixation of his salary in the selection grade for the period 01.03.1989 to 31.12.1995. This draft was sent through registered post to the petitioner on his old address, but the same returned un-served with a noting that addressee has left without address. So far fixation of petitioner’s pension in the revised pay-scale, the District Account Officer, Bhagalpur, after fixing petitioner’s salary in the revised scale, has sent the order through special messenger to the Accountant General, Bihar, Patna for fixation of pension in revised pay-scale and for payment of arrears of pensionary benefits. Till date the petitioner has not received monetary benefits on account of fixation of his salary in the selection grade as well as in the Headmaster’s pay-scale. His pension has also not been fixed in the revised pay-scale and arrears of difference of pension have not been paid to him. Counsel appearing for the Accountant General has no up to date information regarding all these matters. 5 Considering all these facts, this application is being allowed, giving direction to the Regional Deputy Director of Education, Bhagalpur as well as the District Education Officer, Bhagalpur for fixation of petitioner’s salary in the selection grade with effect from 01.03.1989. Fixation of his salary in the Headmaster’s scale with effect from the date he was promoted to the post of Headmaster. Make payment of entire arrears of difference of salary on account of fixation in the selection grade as well as Headmaster’s scale to the petitioner, within eight weeks from the date of issuance of this order. The Accountant General, Bihar, Patna will fix pension of the petitioner in the revised pay-scale and will issue payment order with regard to difference of arrears of pension as a result of fixation of his pension in the revised pay- scale. All these payments must be made to the petitioner within eight weeks from the date of production / communication of this Order. Accordingly, this Writ Application is allowed. SKM (Mridula Mishra, J.)