IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8873 of 2003 GANESH JHA, son of late Jai Narayan Jha, resident of village and P.O. Bhagipur, P.S. Alam Nagar, District Madheura, at present posted as Assistant Teacher, Middle School, Laskari, Anchal Uda Kishunganj (East), District Madhepura. Versus 1. THE STATE OF BIHAR 2. The Secretary, Primary Education, Govt. of Bihar, Patna. 3. The Regional Deputy Director of Education, Koshi Division, Saharsa, District Saharsa. 4. The District Superintendent of Education, Madhepura, District Madhepura. 5. The Treasury Officer, Sub Treasury, Udakishanganj, District Madhepura. 6. The Headmaster, Middle School, Laskari, Anchal Uda Kishunganj (East), P.S. Udakishunganj, District Madhepura. ------------ 3 3.9.2010 Having heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner as with regard to the following relief, “That this writ application is being filed for payment of arrears of salary and arrears of increment giving the benefit of pay revision to the petitioner treating his date of appointment as a trained teacher of Middle School with effect from 10.10.1980 in terms of the order passed by the District Superintendent of Education, Madhepura vide his memo bearing No.1502-3 dated 9th August, 2000.” this Court would hold that the claim revision of pay of the petitioner in the matric trained scale of pay w.e.f. 10.10.1980 in place of 17.7.1985 could be allowed by this Court only if the said order of retrospectivity could have been by the competent authority. The Office order passed by the District Superintendent of Education (D.S.E.) Madhepura dated 9.8. 2000 (Annexure-1) does not go to show that the same was passed after receiving approval of the District Education Establishment Committee. There is also no counter affidavit to this effect disclosing the reason for not making revision of salary of the 2 petitioner in the matric trained scale of pay despite aforesaid order of the D.S.E. dated 9.8.2000. As a matter of fact, learned counsel for the State has only produced some instructions which cannot be a substitute of the counter affidavit and therefore in all fairness it is the District Education Establishment Committee of Madhepura District which must do this exercise to find out as to whether the order contained in Annexure-1 dated 9.8.2000 passed by the D.S.E. Madhepura is a correct and justified order. In the event, it is found by the Establishment Committee that the same was in keeing with the letter of the Principal Secretary of Government of Bihar dated 10.10.1980, the petitioner’s claim for fixation of salary in the matric trained scale of pay should be allowed w.e.f. 10.10.1980 instead of 17.7.1985. The Committee will take an appropriate decision for such retrospective benefit of fixation of salary of the petitioner in the matric trained scale of pay w.e.f. 10.10.1080 and if the same is found impermissible the reasons for the same will be recorded by the Committee and communicated by the D.S.E. Madhepura, the member Secretary to the Committee. The whole exercise, however, must be completed in this regard by all the competent authorities within a period of six months from the date of receipt/production of a copy of this order, inasmuch as, the petitioner during the pendency of this writ application has already retired in the year 2004. It is, however, made clear that this Court has expressed no opinion on merits of claim of the petitioner as with 3 regard to grant of matric trained scale of pay w.e.f. 10.10.1980 and an appropriate decision must be taken by the Establishment Committee headed by the Collector of the district within the aforementioned time limit strictly in accordance with law. With the aforementioned observation/ direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)