IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1303 of 2008 SUNAINA KUMARI Versus THE STATE OF BIHAR & ORS -With- CWJC No. 5619 of 2007 RAJARAM THAKUR Versus THE STATE OF BIHAR & ORS -With- CWJC No. 6420 of 2007 KRISHNA NANDAN PRASAD Versus THE STATE OF BIHAR & ORS -With- CWJC No.6422 of 2007 PARSHURAM SINGH Versus THE STATE OF BIHAR & ORS -With- CWJC No. 6866 of 2007 RAMASHISH JHA Versus THE STATE OF BIHAR & ORS -With- CWJC No. 7065 of 2007 PRATIMA KUMARI Versus THE STATE OF BIHAR & ORS -With- CWJC No. 7092 of 2007 KAMALI KUMARI Versus THE STATE OF BIHAR & ORS. -With- CWJC No. 7158 of 2007 HARI RAM SINGH Versus THE STATE OF BIHAR & ORS - 2 - -With- CWJC No. 7169 of 2007 BINDESHWARI PRASAD YADAV Versus THE STATE OF BIHAR & ORS. -With- CWJC No. 16678 of 2007 SHAMBHU NATH Versus THE STATE OF BIHAR & ORS. -With- CWJC No. 16780 of 2007 LAKSHMI KUMARI Versus THE STATE OF BIHAR & ORS -With- CWJC No.16859 of 2007 KAILASH SAH Versus THE STATE OF BIHAR & ORS -With- CWJC No. 16947 of 2007 NAWAL KISHORE PRASAD SINGH Versus THE STATE OF BIHAR & ORS -With- CWJC No. 16955 of 2007 BALMIKI PRASAD Versus THE STATE OF BIHAR & ORS -With- CWJC No. 16967 of 2007 PURAN SINGH Versus THE STATE OF BIHAR & ORS -With- CWJC No. 16981 of 2007 BIPIN KUMAR SINGH Versus THE STATE OF BIHAR & ORS - 3 - -With CWJC No. 17059 of 2007 MEENA KUMARI Versus THE STATE OF BIHAR & ORS -With- CWJC No. 955 of 2008 MEENA KUMARI Versus THE STATE OF BIHAR & ORS -With CWJC No. 971 of 2008 RAMESH PRASAD SINGH Versus THE STATE OF BIHAR & ORS -With- CWJC No. 1145 of 2008 MAHENDRA SAH Versus THE STATE OF BIHAR & ORS -With- CWJC No.1250 of 2008 UMESH MISHRA Versus THE STATE OF BIHAR & ORS -With- CWJC No. 1337 of 2008 RABINDRA KUMAR SHARMA Versus THE STATE OF BIHAR & ORS -With- CWJC No.1524 of 2008 ARUN KUMAR SINGH Versus THE STATE OF BIHAR & ORS -With- CWJC No. 1705 of 2008 KUMARI GEETA RAI Versus THE STATE OF BIHAR & ORS - 4 - -With- CWJC No. 858 of 2008 MD.HUSSAIN Versus THE STATE OF BIHAR & ORS -With- CWJC No. 3762 of 2007 RAJESH KUMAR Versus THE STATE OF BIHAR & ORS. --------- 5. 16.5.2008 These batch cases are related to the districts of Begusarai, Lakhisarai and Sheikhpura , all within the Divisions of Munger. The cases of all these petitioners who are working in the different Schools within the district of Begusarai, Lakhisarai and Sheikhpura are being taken up together with consent of the parties. All the petitioners claim to be I.SC. trained teachers who were appointed on various dates as mentioned in their Service Books. The petitioners are aggrieved by an order issued by the District Accounts Officer/District Superintendent of Education of the three districts, observing that the petitioners’ entitlement on 1.3.1989 would be Rs.1320/- instead of Rs. 1500/-. The petitioners submit that the endorsement made by the District Accounts Officer/ District Superintendent of Education in the three districts in their Service Books is contrary to the resolution of the Finance Department dated 18.12.1989, which is annexure-B, to the counter affidavit. This resolution deals with the scale of pay of teachers, teaching in Schools which are under the control of the Human Resources Department i.e.,those Schools which were taken over by the Government. - 5 - This Court had interpretated the resolution dated 18.12.1989 in C.W.J.C.No.8333 of 1999 by an order dated 29.7.2004 passed in the case of Shiva Kant Jha. Shiva Kant Jha is/was an Assistant Teacher of Taken Over(Rajkrit) School. While interpreting the resolution, this Court has held that the teachers are entitled to higher pay scale, and the District Accounts Officer, has wrongly lowered the pay-scale of the petitioner, and as such, has quashed the endorsements made in the Service Book of the petitioner. This Court had further directed that the recovery ordered by the District Accounts Officer should not be made from the salary of the petitioner i.e.,Shiva Kant Jha. Learned Counsel for the petitioners submits that the case of the petitioners is exactly the same as that of Shiva Kant Jha and the District Accounts Officer has not interpretated the resolution of the Government dated 18.12.1989 correctly. It has further been submitted that fixation has wrongly been made only in the Division of Munger. In the result, I stay the endorsements of the District Accounts Officer /District Superintendent of Education from the date on which it has been issued and direct that the matter should be remitted back to the Director,Primary Education, Bihar, Patna to examine the grievances of the petitioners. While examining the matter the Director will examine whether the resolution is applicable to the Schools in question. The Director, Primary Education should call for a report from the District Superintendent of Education and the District Accounts officer, Begusarai, Lakhisarai and Sheikhpura - 6 - before passing the order and also examine whether the benefits mentioned in the resolution dated 18.12.89 have been universally applied to all Assistant Teachers throughout the State of Bihar. The petitioners before this Court should file a representation before the Director, Primary Education, Bihar, Patna producing all the documents and the copy of the order of this Court in the case of Shiva Kant Jha to assist the Director, Primary Education, Bihar, Patna so that he may pass a reasoned order. The order must be passed by the Director, Primary Education, Bihar, Patna within a period of four months from the date of receipt/production of a copy of this order. This writ application is disposed of with the aforesaid observations. U.K. (Sheema Ali Khan,J)