IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9924 of 2002 MITHILESH KUMARI, wife of Sri Kapildeo Choudhary, resident of Village-Deogan, Police Station-Bochahan, District Muzaffarpur, at present residing at Mohalla Sheikhpura, Police Station Ahiyapur, District Muzaffarpur. Versus 1. THE STATE OF BIHAR 2. The District Education Officer, Muzaffarpur. 3. The Headmaster, Government Basic School, Berua, Muzaffarpur. 4. The Accountant General, Bihar, Patna. ----------- 4 1/7/2010 Heard Mr. Dilip Kumar Tiwary, learned counsel for the petitioner, counsel for the state as also the Accountant General. Prayer of the writ petitioner in this writ petition reads as follows:- “(i)For issuance of a writ in the nature of Mandamus directing and Commanding the respondents to grant the petitioner benefits of the scales (I.A. trained, Junior Selection Grade and B.A. trained) granted to the petitioner. (ii)For issuance of an appropriate writ directing and commanding the respondents to give the petitioner all consequential benefits including payment of arrear of difference of salary after granting benefits of aforesaid scales granted to the petitioner. (iii)For issuance of an appropriate writ directing and commanding the respondents to revise and fix the retirement benefits of the petitioner after granting the petitioner the benefits of aforesaid scales granted to the petitioner.” Mr. Tiwary, learned counsel for the petitioner with reference to the aforementioned prayer would invite attention of this Court towards various documents as contained in Annexures- 1, 2 and 3 as also the entry made in the service book of the petitioner showing grant of I.A. trained scale of pay, its junior selection grade shifting the dates of such promotion. He would, 2 therefore, contend that the entry made in the service book as with regard to suspending the grant of such promotional benefits on monetary terms without there being any specific order passed and served on the petitioner cannot be acted upon to the detriment of the petitioner. He has submitted that the petitioner has already retired from service and therefore the respondents should have made payment of arrears of salary as per the earlier order of promotion notified. In this case though a counter affidavit is said to have been filed but the same is not on the record. A photo copy of the said counter affidavit supplied by the counsel for the State is being kept on record, inasmuch as, some of the facts mentioned therein has to be referred for the purpose of disposal of this writ application. From Annexure-B to the counter affidavit it would transpire that the Director Primary Education Vide Letter No. 675 dated 12.8.1997 had found that in the Basic School, the promotion to Junior Selection Grade (J.S.G.) and Senior Selection Grade (S.S.G.) in I.A. trained scale and B.A. trained Scale was not permissible, inasmuch as, such promotion J.S.G. and S.S.G. is confined only in matric trained scale pay. On the basis of such direction issued by him and its communication to the Regional Deputy Director of Education (R.D.D.E.), Tirhut Division, Muzaffarpur, an office order dated 2378 dated 2.9.1997 had been issued directing to all the Controlling Officer not to release 3 payment of junior selection grade/Senior selection grade of I.A. trained or B.A. trained to the teachers of basic Schools. Then comes Annexure-A, wherein it has been mentioned that such order was also made effective in case of the petitioner and in fact certain recovery was also made from her between September, 1997 to November, 2001 well before retirement of the petitioner. Inasmuch as, the copy of the counter affidavit and its annexures- A and B has not been served on counsel for the petitioner, he is not in a position to make any statement in this regard, but then it would now become clear that the aforesaid entries made in the service book of the petitioner withholding the benefit of payment of higher salary had the nexus with the aforesaid instruction of Director in his letter dated 12.8.1997. That being so, this Court would direct the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur to examine the case of the petitioner and decide the entitlement as also resultant monetary benefit in terms of the Government Policy and decision with regard to grant of promotion with financial benefit in J.S.G and S.S.G. in I.A. trained and B.A. trained in the basic School. In order to shorten the period as the petitioner has already been superannuated, this Court would direct to the petitioner to file a self contained representation along with a copy of this order to the Regional Deputy Director of Education, Muzaffarpur who thereafter will pass a reasoned order within a 4 period of three months from the date of its receipt by him. In the event, petitioner will be found entitled for any payment and/or refund of the amount already recovery from her salary, the same will be also directed and such payment will also be made to the petitioner in the next three months. With the aforementioned observations/directions this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)