IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11473 of 2008 Krishna Kumari, wife of Shri Mritunjay Kumar, resident of village and P.O. Maniappa, Police Station-Begusarai, District- Begusarai, at present posted and working as an Assistant Teacher in Govt. Middle School- Bishnupur, Anchal- Begusarai(South), District-Begusarai…..Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 4. The Deputy Secretary, Finance(Pay Fixation)Department, Government of Bihar, Patna. 5. The Director, Primary Education, Bihar, Patna. 6. The Special Director, Primary and Adult Education, Bihar, Patna. 7. The Regional Deputy Director of Education, Munger Division, Munger. 8. The District Superintendent of Education, Begusarai. 9. The District Magistrate, Begusarai. 10. The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Begusarai. 11. The District Treasury Officer, Begusarai. 12. The District Accounts Officer, Begusarai…………….Respondents. -------- For the Petitioner: Mr. Umesh Kumar Mishra, Advocate. For the Respondents: Mr. Kumar Alok, S. C. No. 19. -------- 3. 30.11.2010. Heard learned counsels for the petitioner and the State. The petitioner has filed the present writ application for quashing of entry made by the District Accounts Officer, Begusarai, in service book of the petitioner as contained in Annexure-6, whereby and whereunder the petitioner’s scale on 01.03.1989 has been fixed as Rs. 1290/- instead of Rs. 1470/- and further prayed for restraining the authorities to make 2 any recovery and directing the authorities to refix the pay scale of the petitioner since 09.04.1986, in view of the order passed in C.W.J.C. No. 8333 of 1999 (Shiva Kant Jha Vs. The State of Bihar & Ors.) to pay all the consequential benefits accordingly. An amendment application has been filed vide I.A. No. 653 of 2010 for quashing of Memo No. 1819 dated 23.11.2009 issued under the signature of the Director, Primary Education, Bihar, Patna, by which the claim of the petitioner for I. Sc. Trained pay scale has been rejected and the pay scale of the petitioner was directed to be fixed as Rs. 1290/- instead of Rs. 1470/-. Let the I.A. No. 653 of 2010 be allowed. The petitioner was appointed as an Assistant Teacher in the Elementary School in the district of Begusarai on 16.12.1982 in Matric trained scale of Rs. 580/- to Rs. 860/-. Consequently, the petitioner gave her joining on 18.12.1982 in the Government Middle School, Papraur in the district of Begusarai. Subsequently,the District Superintendent of Education, Begusarai, vide Memo No. 1889 dated 04.04.1986 as contained in Annexure-2 3 appointed the petitioner and others as an Assistant Teacher in I.A. trained scale as petitioner and others possessed I.A.(Science) trained qualification. Consequently, the petitioner gave her joining on 09.04.1986 in the Government Middle School, Papraur in the district of Begusarai. Prior to recommendation of Vth Pay Revision Committee-cum-Fitment Committee report there were three pay scales permissible in the Elementary School i.e.:- i) Matric trained teacher:- A. 580-860- B. 680-960 (junior selection grade) C. 730-1080 (senior selection grade) ii) Intermediate trained teacher:- A. 730-1080. B. 785-1210(junior selection grade) C. 850-1360(senior selection grade) iii) Graduate trained teacher:- A. 860-1360. B. 940-1660(junior selection grade) C. 1000-1820/-(senior selection grade). Vth Pay Revision/Fitment Committee 4 Report introduced a pay scale of Rs.1200-1240/- for the teachers who were placed in the Matric or Intermediate trained scale. Finance Department vide Resolution No.3/PAR/01-3/89-6022 F(2) dated 18.12.1989 issued necessary directions and guidelines for the purposes of fixation of pay scale to the teachers in the revised pay scale by interpreting Clause 8 of the said Notification and the entries were made in the service book by the District Accounts Officer, Begusarai. Consequently, the petitioner was provided Intermediate Pay scale of Rs. 1470/- but by misinterpreting the Finance Department Circular the scale has been slashed down to Rs. 1290/- and entry to that effect was made in the service book. Similar issue arose with regard to interpretation of Clause 8 of the Resolution of the Finance Department when similar slashing down was made in the service book of one Shiva Kant Jha where this Court held that the slashing down of the scale from Rs. 1470/- to Rs. 1290/- was erroneous and quashed the order of slashing down vide order dated 29.07.2004 passed in C.W.J.C. No. 8333 of 1999. The said order has 5 been brought on record as Annexure-8 to the present writ application. Several similarly situated persons were granted similar relief following the principles laid down in C.W.J.C. No. 8333 of 1999 and one of such orders has been brought on record vide Annexure-10. Since the order passed in Shiva Kant Jha’s case(supra) has attained finality as several writ applications have been disposed off on the basis of the said order and the case of the petitioner is identical to that of Shiva Kant Jha Vs. The State of Bihar & Ors, there is no occasion for this court to take a different view. The writ application is being disposed off with a direction to the District Superintendent of Education, Begusarai, to pass necessary orders fixing the pay scale of the petitioner with effect from 09.04.1986 as per his claim of Rs. 1470/- in view of the principles laid down in C.W.J.C. No. 8333 of 1999 (Shiva Kant Jha Vs. The State of Bihar & Ors.). The petitioner should also be paid all the consequential benefits due to refixation of his pay scale of salary from 09.04.1986. The whole exercise is expected to be completed by 6 the District Superintendent of Education, Begusarai, within a period of eight weeks from the date of receipt/production of this order. In that view of the matter, the concerned entry made by the District Accounts Officer, Begusarai, in the service book of the petitioner as contained in Annexure-6 and the order of the Director, Primary Education, Bihar, Patna, as contained in Annexure-11 to the I.A. No. 653 of 2010 is hereby quashed. It is expected that the District Accounts Officer, Begusarai, will make necessary correction accordingly, in the service book of the petitioner. U.K. (Dinesh Kumar Singh,J.)