IN THE HIGH COURT OF JUDICATURE AT PATNA ----------- Letters Patent Appeal No.1580 of 2010 --------- Appeal against the judgment and order dated 26.8.2010 passed by a Bench of this Court in C.W.J.C. No. 267 of 2008. ---------- Suresh Tiwari , Son of late Rameshwar Tiwari, resident of Mohalla- Maharani Road, New Godown, P.S. Kotwali, District- Gaya, at present residing at Sarainandan Khojma, House No. N 14/ 114B- 4B,Varanasi ( Uttar Pradesh )...................... Appellant Versus 1. The State Of Bihar through the Director, Secondary Education, Govt. of Bihar, Human Resources Department, Secondary Education Office, Budh Marg, Patna-1. 2. Director, Secondary Education, Human Resources Department, Govt. of Bihar, Secondary Education Office, Budh Marg, Patna-1. 3. District Education Office, Gaya..... Respondents. ---------------------------------- 3 19-12-2011 Heard the parties. The writ court has dismissed the writ petition preferred by the appellant by order under appeal dated 26-8- 2010 on account of reasons given by the authority in the impugned order dated 8th November, 2007 ( annexure-7) whereby it was held that he did not have B.Sc. Honours qualification in the year 1978, therefore his claim for grant of Post-graduate trained scale cannot be accepted. 2 Learned counsel for the appellant has submitted that even if the aforesaid view of the authority is accepted, on account of grant of trained graduate scale with effect from 31st. March, 1977 as allowed by the authority vide order dated 13-3-2001 ( annexure-5), the appellant is entitled to revised pay scale of Rs.415/- a trained graduate teacher’s scale, in the light of provisions in resolution no. 9 dated 4-1-1982 which the authorities have mentioned in annexure-7 itself. Such a claim was not made by the appellant before the authority nor the same has been considered by the writ court. Hence, we dispose of this appeal by giving liberty to the appellant to make claim to the aforesaid effect by filing representation before the authorities concerned. In case such a representation is filed along with a copy of this order, then the same should be considered by the authority to whom the representation is made and it shall dispose of the claim of the appellant for grant of scale of Rs.415/- with effect from 1-4-1978, but actual payment from 2-10-1980, as a replacement scale, at an early date preferably within 3 three months from the date of filing of his representation. If the claim of the petitioner is allowed then consequential benefit be made available to the appellant without any delay. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey,J)