IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.15600 OF 2007. 1.RAS BIHARI YADAV,S/O LATE BADRI NARAYAN YADAV, TRAINED GRADUATE TEACHER, RETIRED AS INCHARGE HEADMASTER FROM M.S SUKHASAN, BARARI, KATIHAR, RESIDENT OF MOHALLA LOHIA NAGAR, WARD NO. 11, P.S & DISTRICT KATIHAR. 2.BISHWANATH PRASAD DAS, S/O LATE SUKHDEO DAS PRESENTLY WORKING AS HEADMASTER M.S. BHANDARTOL, BARARI KATIHAR, R/O VILLAGE LAXMIPUR, P.S BARARI, DISTRICT KATIHAR. 3.BALRAM SINGH, S/O LATE SABHA SINGH, PRESENTLY WORKING AS GRADUATE TRAINED TEACHER, MIDDLE SCHOOL KHERIA KORHA, KATIHAR, R/O MOHALLA AZAD COLONY, MIRCHAIBARI, KATIHAR, P.S AND DISTRICT KATIHAR. 4.SAWAL KISHORE JHA, S/O LATE SATYADEO JHA, PRESENTLY WORKING AS HEADMASTER T.N. MIDDLE SCHOOL KATIHAR, R/O MOHALL EMERGENCY RAILWAY COLONY KATIHAR, PS. & DISTRICT KATIHAR. 5.HARE RAM BHAGAT, S/O LATE NARAYAN BHAGAT TRAINED GRADUATE TEACHER, RETIRED AS HEADMASTER MIDDLE SCHOOL PHULWARIA KORHA KATIHAR, R/O MOHALLA COLONY NO. 1 BACK SIDE OF DURGA MANDIR, PS. AND DISTRICT KATIHAR. 6.DEEPAK KUMAR DAS, S/O LATE DINANAND DAS, PRESENTLY WORKING AS HEADMASTER, MIDDLE SCHOOL MOHANPUR, MANSAHI KATIHAR, R/O MOHALLA BANIA TOLA, KATIHAR, P.S & DISTRICT KATIHAR. 7.ARUN KUMAR THAKUR, S/O LATE SAHDEO THAKUR, ADDITIONAL TRAINED GRADUATE TEACHER PRESENTLY WORKING AS SCIENCE TEACHER, URDU MIDDLE SCHOOL, KADWA RAM PARA, KATIHAR, R/O MOHALLA NAVNIT NAGAR, WARD NO. 23, P.S & DISTRICT KATIHAR. 8.BHUPENDRA SINGH, S/O CHATURBHUJ PRASAD SINGH, R/O MOHALLA SANT COLONY COURT COMPOUND KATIHAR, PS & DISTRICT KATIHAR, AT PRESENT WORKING AS SCIENCE TEACHER, MIDDLE SCHOOL, SHADPUR RAJWARA KORHA, KATIHAR. 9.SARON KUMAR SARKAR, S/O LATE RAMESH CHANDRA SARKAR, PRESENTLY WORKING AS SCIENCE TEACHER MIDDLE SCHOOL, HAFLAGANJ KATIHAR, 2, R/O MOHALLA GANDHI NAGAR, PS. & DISTRIT KATIHAR. …………………PETITIONER. 2 VERSUS THE STATE OF BIHAR. 2.THE SECRETARY, PRIMARY AND ADULT EDUCATION, BIHAR, PATNA. 3.THE JOINT SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION,KATIHAR, DISTRICT KATIHAR. ………………………RESPONDENTS. ---------------------------------- WITH CIVIL WRIT JURISDICTION CASE NO.15776 OF 2007. ANANDI PRASAD YADAV, S/O LATE BALDEO PRASAD YADAV PRESENTLY WORKING AS ASSISTANT TEACHER(SCIENCE TEACHER) OF MIDDLE SCHOOL, CHHOTI CHATAR UNDER BLOCK FALKA, DISTRICT KATIHAR, R/O VILLAGE MUSHAPUR, POST OFFICE MUSHAPUR, POLICE STATION KORHA, DISTRICT KATIHAR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, PRIMARY AND ADULT EDUCATION, BIHAR, PATAN. 3.THE JOINT SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.THE DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR, DISTRICT KATIHAR. ………………………RESPONDENTS. ---------------------------------- IN C.W.J.C NO. 15600 OF 2007. FOR THE PETITIONERS: MR. CHITRANJAN SINHA, SR. ADVOCATE, MR. DHIRENDRA KUMAR JHA, ADV AND MR. JITENDRA MISHRA, ADV. FOR THE STATE: MR. AJAY BIHARI SINHA, ADV. ------------------------------------ 03/ 13.12.2011 Having heard counsel for the parties, this Court is satisfied that both part of disputes either with regard to reduction of salary of the petitioners or recovery of the excess amount stands already covered by the earlier order which has already been affirmed in an appeal by 3 Division Bench. As a matter of fact, the impugned order on which the entire litigation began had also the concept of not only reduction of the pay scale but also the recovery of excess amount and thua it would not lie in the mouth of the petitioners to claim that though they will not be entitled to get higher amount of salary but they will have still the right to retain the excess amount of salary drawn by them, though the same was not admissible and payable to them. Infact the respondents have already made such recovery from the petitioners in easy installments and the petitioners have also settled their final accounts after retirement by way of their retirement benefits (except petitioner nos. 4 and 8 in C.W.J.C No. 15600 of 2007) and therefore, this Court by applying the principles of res judicata and constructive res judicata must hold these writ applications to be not only wholly misconceived but also not maintainable. That being so, these two applications are, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J.)