IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1996 of 2006 Deo Narayan Sharma, S/o-Late Ram Nandan Sharma, R/o-Mohalla-Chitrakut, Nagar, P.S.-Danapur, District-Patna. –Petitioner. VERSUS 1. The State of Bihar through the Commissioner-cum-Secretary, Human Resource Development Department, Government of Bihar, Patna. 2. The Director, Primary Education, Government of Bihar, Patna. 3. The District Education Officer, Patna. 4. The District Superintendent of Education, Patna. 5. The Accountant General, Bihar, Patna. –Respondents. --------------- For the Petitioner : Mr. Suresh Prasad Singh. For the State : Mr. Bhaskar Shankar, AC to GP-16. For the Accountant : Mr. L.P.K. Rajgariher. General --------------- 07 13.05.2011 The petitioner had filed this writ application for a direction to the State to give him I.A. trained scale from 1976 and continue to do so after take over of the school by the Government in the year 1981. He then prays that he should be given B.A. trained scale also. His third claim is for payment of his remuneration for the period 01.01.1984 to 12.12.1984, if not already paid, and for recalculating his retiral dues on basis of B.A. trained scale. A counter affidavit has been filed in which order of the Director, Primary Education, Government of Bihar, Patna dated 01.04.2004 is annexed as Annexure-B. Heard the parties and with their consent the writ application is being disposed of at this stage itself. It appears that the petitioner had cone to this Court thrice. First time the writ petition was disposed of with a direction to the State to pay the pay scale which the petitioner was getting in 1980. Nothing having been done. Petitioner again moved this Court and this - 2 - time the Court made a specific direction that the State would be obliged to pay the petitioner the pay scale which he was receiving at the time of take over in 1981. Accordingly, petitioner informed the authorities that as per the service book of the petitioner himself from 1976 petitioner was being granted I.A. trained pay scale under the Take over Act of 1981. The provision being of pay protection and liability of Government only from the time the school is taken over. The authorities agreed to grant and paid I.A. trained scale with effect from 01.02.1981, that is, the date of the take over. In my view, there is nothing wrong that the Government did. As the liability of the Government only from the time of take over and at the time of take over petitioner was in I.A. trained scale, that is, the scale given to the petitioner after take over. So far as B.A. trained scale is concerned, it is clear from the order of the Director, as referred to above, that he has considered the same and pointed out that the number of posts for B.A. trained teachers being limited it was granted according to seniority list, earlier grants were cancelled as they were all irregularly made to the petitioner and several others. As per the seniority list, petitioner did not make it to the B.A. trained grade before his superannuation, therefore, he cannot be granted the said grade. In my view, the stand of the State is correct and needs no interference. Petitioner asserts, however, he is to get at least one increment that is also answered in the order of the Director, Primary Education wherein he notices that senior scale of pay in I.A. trained - 3 - scale has already been granted to the petitioner. Thus, nothing more remains to be granted. In so far as the remuneration for the period 1984 is concerned, the District Superintendent of Education or the concerned Officer would look into this aspect of the matter and verify from the records whether for the period, as noted above, of the calendar year 1984 petitioner was paid his due remuneration or not. If it is found that it was not so paid, he would take all expeditious steps to ensure its payment. If it has been paid, he would record these facts in detail and communicate it to the Petitioner. This exercise of verification must be completed within a period of six weeks from the date of production of a copy of this order being passed today before him and further within two months thereafter that payment, if any due, must be paid, failing which petitioner would be entitled to receive interest on the delayed payment in respect of the aforesaid at the rate of 6% per annum from the time it was due to the time it is paid. This payment would also be made within a period of one month thereafter. The responsibility to ensure compliance of this order would be squarely on the District Superintendent of Education, Patna. With the aforesaid observations and directions, the writ application stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)