IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11146 of 2002 DHARIKSHNA SINGH son of Late Sheo Balaksingh, resident of village Rahampur, P.O. Rahampur, via Basant, P.S. Garkha, District Saran, retired Assistant Teacher D.A. V. Middle School, Gopalganj. …. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Director Secondary, Primary and Adult Education, Bihar, Patna. 3. The Special Director, Secondary Primary and Adult Education, Bihar, Patna. 4. The Deputy Director of Education, Bihar, Patna. 5. The Regional Deputy Director of Education, Saran at Chapra. 6. The District Superintendent of Education, Gopalganj, at P.O. and P.S. Gopalganj, District Gopalganj. 7. The Headmaster, D.A.V. Middle School, Gopalganj. … Respondents. ----------- 3. 21.09.2010 Having heard learned counsel for the petitioner and learned counsel for the State as with regard to the following prayer; “1(i) To issue a writ of certiorari for quashing the order as contained in Memo No.8/M4-645/2001 Edn. 1075 Patna dated 28.6.2002 issued by Special Director, Education through which he has been pleased to reject the claim of the petitioner for payment of salary for actual period of works done by him, in wholly arbitrary manner in contravention of direction of this Hon’ble Court. (ii) To issue a writ of Mandamus commanding the respondents to follow the policy decision of the State Government as contained in Memo No. 422 dated 12.9.1995 and to make payment of salary of the petitioner with other allowances for actual period of works done by him as Assistant Teacher. (iii) To issue a further writ of 2 Mandamus commanding the respondents to refix the retirement benefits of he petitioner on the basis of abovesaid pay and to make payment of the same along with arrears. (iv) To issue a further writ of Mandamus commanding the respondents to give second time promotion to him counting his entire period of service as Assistant Teacher in accordance with law.” this Court is of the firm view that while the petitioner cannot claim the second time bound promotion or the retirement benefit for the extended period of service in view of the fact that the age of superannuation for the teachers of minority school had remained 58 years and that the same was extended for the first time only by the government decision dated 13.7.1994 which had retrospective effect only w.e.f. 5.9.1993 or thereafter. Admittedly, as the petitioner had completed 58 years of age on 30.11.1992, the petitioner cannot be allowed to count his service either for the purpose of promotion or pension beyond the period 30.11.1992. In that view of the matter the prayer contained in paragraph (i), (iii) and (iv) must be and is hereby rejected. The only other aspect which would be left for consideration is the payment of salary to the petitioner for the period 1.12.1992 to 11.8.1994 during which the 3 Secretary of D.A.V. High School, Gopalganj had allegedly allowed the petitioner to be continued in service either in terms of Government letter dated 20th June 1991 or some order of the District Superintendent of Education, Gopalganj as is noted in communication dated 11.8.1994 relieving the petitioner from the post held by him in the school. This aspect of the matter in fact was required to be considered by the Director of Secondary Education inasmuch as when a direction was given by this Court to Special Director, Secondary Education in the order dated 15.1.2002 in CWJC No. 14804 of 2001, he ought to have considered the grievance of the petitioner for payment of salary for the aforesaid period specially when the petitioner had specifically raised the issue of his being working in the School even after 30.11.1992 with the approval of the Management of DAV School and the District Superintendent of Education. Such an important fact could not have been altogether ignored as is clear from the reading of the impugned order passed by the Special Director Secondary Education. It is here that the grievance of the petitioner of not being allowed to avail 4 the opportunity of personal hearing assumes significance inasmuch as the petitioner had some sort of semblance of a right of personal hearing before the Director. It has to be noted that even when this Court had not directed for giving such personal hearing to the petitioner, the Special Director on his own after filing of the representation enclosing an earlier order of this Court had himself thought it necessary to give personal hearing to both the petitioner and the D.S.E., Gopalganj as is mentioned in he impugned order that notices were sought to be served both on the petitioner and the District Superintendent of Education for placing their view point but they did not appear before him in terms of such notice. Considering these aspects, this Court would quash the impugned order and remit the matter back to the Special Director, Secondary Education for reconsideration of the limited relief only with regard to payment of salary for the admitted period of work done by the petitioner in the school. The petitioner is directed to appear with a copy of this order before the Special Director within a period of three months from today and on such date the Special 5 Director shall fix a date of hearing the petitioner as also the Secretary/Headmaster of the D.A.V. Middle School, Gopalganj and the District Superintendent of Education, Gopalganj and all of them would be afforded an opportunity to place their view point as with regard to limited relief of payment of salary to the petitioner for the period 1.12.1992 to 11.8.1994. If the Special Director after hearing the parties and perusing the authentic records would find that the petitioner had actually worked in that period or part thereof, his salary for such period will be paid after deducting the amount of pension, if any, paid for that period. Such exercise shall be completed by the Special Director, Secondary Education within a period of six months from the date of first appearance of the petitioner along with a copy of this order. With the aforementioned observation and direction, this writ application is disposed of. kanchan/- ( Mihir Kumar Jha, J.)