IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13735 of 2008 Radha Krishna Prasad, son of Mauji Rai, resident of village Bhagwanpur, P.S. Autarnagar, District Saran……………………………………………………………………………….…….Petitioner Versus 1. The State Of Bihar through Secretary, Primary Education, Bihar, Patna. 2. District Superintendent of Education, Saran………………………………………………………….………………………Respondents ----------- 2 08.11.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. As per case of the petitioner, he was appointed as Physical Trained Teacher, vide order dated 13.10.1999, as contained in Annexure-2. He continued in the Matric untrained scale since then upto 2005 when he appeared and acquired the qualification of B.Ed. Hence with effect from 20.06.2005 he has been given Matric trained scale as per his entitlement under the Government circulars. The grievance of the petitioner is only to the extent that since petitioner was graduate at the time of his appointment in 1999 itself, he was entitled for fixed pay in the Matric trained scale till he got qualification of B.Ed. Learned Additional Advocate General 2 No.7 fairly submits that in terms of Government letter no.197 dated 17.02.1981, if petitioner was graduate at the time of his appointment itself, he was indeed entitled for fixed pay of Matric trained scale prior to the period he became entitled to Matric trained scale with all increments after he acquired the qualification of B.Ed. In the circumstances, the writ application is allowed with a direction to the respondents to fix petitioner’s pay at the initial stage of Matric trained scale from the date of his appointment till 20.06.2005 whereafter he has been allowed the Matric trained scale with increments. Calculation in this regard shall be made and arrears of petitioner shall be paid by the respondents positively within three months from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)