IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.577 of 2003 1. SASHI KANT SINGH, son of Surya Narayan Singh, resident of village Shivnagar, P.O. Karia, P.S. Rosera, District Samastipur, presently posted “Primary School, Mahua, Hasanpur, District Samastipur 2. Pawan Kumar Singh, son of late Ram Sharan Singh, resident of village P.O. Ranva, P.S. Hathduri, District Samastipur, presently posted Middle School, Rampur, Rajwa, Hasanpur, District Samastipur 3. Brajesh Kumar Choudhari, son of Avrdese Choudhary, resident of Laxminiya, P.O. Rahiyan Kochi, P.S. Hathadri, District Samastipur, presently posted Middle School Singhiya, District Samastipur 4. Ganesh Prasad Mandal, son of Bhola Mandal, resident of village Bela, P.O. Rahiyar, Kochi, P.S. Hathauni, District Samastipur, presently posted Middle School Diha Singhiya, District Samastipur 5. Shivendra Prasad Mandal, son of late Krishna Mandal, resident of village Shivnagar, P.O. Kariyan, P.S. Rosera, District Samastipur, presently posted Middle School, Baidhyathpur Rosera, Sareshipur, District Samastipur 6. Gangesh Jha, son of Hridya Narayan Jha, resident of village Shivnagar, P.O. Rosera, P.S. Rosera, District Samastipur, presently posted as Primary School, Balamipur District Samastipur … Petitioners Versus 1. THE STATE OF BIHAR 2. Secretary cum Commissioner, Human Resources Department, Govt. of Bihar, Patna 3. Director, Primary Education, Govt. of Bihar, Patna 4. The District Superintendent of Education, Samastipur … Respondents ----------- 3. 2.7.2010 No one appears for the petitioners. Counsel for the State is present but then he has neither filed any counter affidavit nor any instruction to assist this Court. 2 In this writ application the prayer of the petitioners reads as follows: “This is an application for issuance of a writ in the nature of certiorari or any other appropriate writ/rule/direction for quashing the letter dated 13.9.2001 as contained in Memo No. 1615 (Annexure 3) and/or to implement the judgment passed by this Hon’ble Court in C.W.J.C.No. 8338 of 1990 (Annexure 4) in the case of the petitioners also and to pay the consequential benefits as has been directed in (Annexure 4) to the petitioners by paying them the scale of Matric trained teachers which they were getting from before.” From the reading of the impugned order as contained in Annexure 3, it would appear that the Government had laid down a policy for grant of matric trained pay scale to the working teachers of physical education on certain terms and conditions. Such conditions being totally relevant in the context of its being a trained teacher cannot be said to be either arbitrary or irrational. As a matter of fact the said policy decision of the State Government 3 dated 13.9.2001 has also been approved by this Court holding that the teachers of Physical Education who have merely completed some certificate course are not entitled to treat themselves as trained teacher or get the benefit of matric trained pay scale. The reliance placed by the petitioners on Annexure 4, an order of this Court dated 9.4.1999 in C.W.J.C.No. 8338/1990 also seems to be misconceived, inasmuch as nothing therein was decided rather the matter was only remitted to the authority for reconsideration. The issue thereafter having been already adjudicated by this Court Annexure 4 will have no relevance to the claim of the petitioners. That being so, this Court would find no merit in this application and the same is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/