IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10407 of 1999 Suryadeo Singh, S/O LATE RAM NARAIN SINGH, R/O VILLAGE KURIYA, P.O. PIPRA KOTHI, P.S PIPRA KOTHI, PRESENTLY POSTED AS AN ASSITANT TEACHER MOTIPUR HIGH SCHOOL, MUZAFFARPUR. …………………Petitioner. Versus 1.THE STATE OF BIHAR. 2.DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 3.REGIONAL DEPUTY DIRECTOR OF EDUCATION, MUZAFFARPUR. 4.DIRECTOR EDUCATION OFFICER, MUZAFFARPUR. 5.SUB DIVISIONAL EDUCATION OFFICER, WEST MUZAFFARPUR. 6.CHITRANJAN SINGH, ACTING HEADMASTER, MOTIPUR, HIGH SCHOOL, DISTRICT MUZAFFARPUR. ………………………Respondents. ----------- 10/ 25.07.2011 No one appears for the petitioner. Earlier also when this case was taken up on 22.07.2011 along with C.W.J.C NO.11069 of 1998, the learned counsel for the petitioner had remained absent. In this writ application, the petitioner’s grievance against the order dated 30.04.1994 as contained in Annexure- 4 seems to be wholly misconceived, inasmuch as, by the said order the salary of a number of teachers had been fixed as per their entitlement. There is no concept that the petitioner’s seniority is based on such pay fixation nor he can claim graduate 2 trained scale of pay especially when the same was rejected by order dated 17.05.1996 which was reiterated by another order dated 06.09.1999. The petitioner, in fact, was not entitled for graduate trained scale of pay in view of the order passed by the Director of Secondary Education dated 17.05.1996 rejecting his such claim. The act of a subordinate Officer i.e. Regional Deputy Director of Education, Muzaffarpur, to grant graduate trained scale of pay by order dated 03.03.1997, was not only an unauthorised act of insubordination but also is in teeth of the order of the superior Authority rejecting such claim of the petitioner. The petitioner thus could not have been allowed to draw the benefit of the post graduate trained scale of pay which is said to have been bestowed on him by the Sub Divisional Officer, Muzaffarpur. In that view of the matter, this Court does not find any error in impugned order dated 06.09.1999, passed by the Director of Secondary Education cancelling such order of the Regional Deputy Director of Education, Muzaffarpur, dated 03.03.1997 as 3 also to recover some amount illegally paid to the petitioner. That being so, this application is devoid of any merit and is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J.)