IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12130 of 2006 RAMADHIN DAS, S/O LATE KULDIP DAS, R/O MOHALLA MIAN TOLI, VILLAGE P.O. & P.S. KHUSRUPUR, DISTRICT PATNA. AT PRESENT INCHARGE HEAD MASTER, MIDDLE SCHOOL, KARJAN, ATHMALGOLA, BARH-2, DISTRICT PATNA. ............PETITIONER. Versus 1.THE STATE OF BIHAR. 2.DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3.DISTRICT SUPERINTENDENT OF EDUCATION, PATNA. 4.DISTRICT ACCOUNTS OFFICER, PATNA. 5.AREA EDICATION OFFICER,BARH, DISTRICT PATNA. .............RESPONDENTS. ----------- 04/ 30.06.2011 No one appears for the petitioner. Counsel for the State is present. The grievance of the petitioner in this writ application as with regard to witholding of his three increments already sanctioned and paid to him in the pay scale of Rs. 1400/- to 2600/-, so far it relates to future entitlement from the date of impugned order i.e. 05.04.2006 is not tenable in view of the Government's decision contained in resolution no. 89-6022 dated 18.12.1989 (Annexure-A) which had specifically prohibited grant of three additional increments w.e.f. 01.01.1986 to such teachers whose total pay in the revised pay scale was Rs. 2040/ -. To that extent this Court would 2 not interfere in the impugned decision. The petitioner however would not be subjected to any recovery on the basis of the aforementioned impugned order, inasmuch as, his pay fixation was made by the competent authority in ignorance of the State Government resolution no. 89-6022 of 18.12.1989 (Annexure-A) and therefore, the petitioner cannot be made to suffer by way of recovery of the amount already paid to him. With the aforementioned observation, this application is disposed of. Ranjan (Mihir Kumar Jha, J)