IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.928 of 2010 In (CIVIL WRIT JURISDICTION CASE 2310/2002) 1. Satya Narain Rai, S/O Late Sheo Dhayan Rai R/O Vill.- Ranni, P.S.- Sikrahata, Distt.- Bhojpur ......Appellant Versus 1. The State Of Bihar 2. The Director, Secondary Education, New Secretariat Building, Bailey Road, Patna 3. The Regional Deputy Director, Patna Division, Patna 4. The District Education Officer, Headquarter at Ara, Distt.- Bhojpur 5. The District Accounts Officer, Bhojpur, Ara 6. The Headmaster, High School, Yadava Vidyapeeth +2 School, Maulabag, Ara Drawing And Disbursing Officer Of High School Ranni Dumaria, Bhojpur 7. The Accountant General, Bihar, Patna ......Respondents ---------------------------------- For the appellant: Mr. Ranjan Kumar Singh, advocate For the State: Mr. Sunil Kumar Mandal, SC 24 Mr. Bipin Kumar, AC to SC 24 ----------------- 7 16-12-2011 Heard learned counsel for the appellant and learned counsel for the State and perused the order of the writ court. The appellant/ writ petitioner filed writ petition bearing CWJC no. 2310 of 2002 because according to him his pay was reduced arbitrarily and against law. The writ court obtained views of the Accountant General according to which the State of Bihar is required to decide whether on account of past service in Loyala High School which is said to be a 2 private minority aided school, the writ petitioner would be entitled to pay protection or higher pay or no benefits. According to learned counsel for the appellant in the year 1975 when the appellant joined government service after leaving employment with Loyala High School he was given pay of Rs. 400/- on account of principles of pay protection. The writ court has considered all the three possible views which may be taken by the authorities in the case of writ petitioner and has opined that first the issue as to what was the entitlement of the writ petitioner when he joined government service in 1975 must be determined by a competent authority of the State Government and, therefore, the writ petitioner has been directed to file a representation before the Principal Secretary, department of Human Resources Development ( Secondary Education) enclosing the calculations made by the Accountant General office and on such representation his claim for a particular pay which he was getting has to be considered by the Principal Secretary. In our view, the matter has been 3 rightly remitted to the Principal Secretary and requires no interference. The appeal is, therefore, dismissed. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)