IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10836 of 2002 MD.MOJIBUR RAHMAN Versus 1. THE STATE OF BIHAR, through the Commissioner and Secretary, Home (Jail) Department, Patna-15 2. The Inspector General of Prisons, Bihar , Patna-15. 3. The Superintendent, Central Jail, Bhagalpur. 4. The Accountant General, Bihar , Birchand Patel Path, Patna. ………… Respondents. ----------- 3/ 28/2/2009 Heard learned counsel for the petitioner and learned counsel for the State, as also learned counsel for the Accountant General, Bihar. The petitioner having the qualification of Bachelor of Arts, was appointed as a teacher in 1962 and retired on 31.1.1997. He passed the B.Ed. examination in 1966 from the Bhagalpur University, as also M.A. from the Magadh University in 1986. His contention is that in accordance with 5th Pay Revision Committee, effective from 1.1.1996, his pay was entitled to be fixed in the revised scale of Rs.5500-9000/-. A counter affidavit has been filed on behalf of the respondents. It urges that the petitioner never held the post of a Head Master and, therefore, was not entitled to that scale. From the recommendation of the 5th Pay Revision Committee, the extract of which is annexed at annexure-2 at page-11, it appears that the pay scale of 2 Rs.5500-9000/- was fixed not only for Head Masters, but also for other teachers, provided they hold the qualification of graduate trained. Matters of fixation of pay-scales are primarily for the authorities to decide and not for this Court. The application is, therefore, disposed with direction to the respondent authorities to decide the entitlement of the pay-scale of the petitioner in light of the aforesaid discussions from annexure-2, which finds no consideration in the counter affidavit. Let such decision be taken by the concerned respondent within a maximum period of three months from the date of receipt/production of a copy of this order. KC ( Navin Sinha, J.)