CIVIL WRIT JURISDICTION CASE No.2327 OF 1998 -------- IN THE MATTER OF AN APPLICATION UNDER ARTICLE-226 OF THE CONSTITUTION OF INDIA -------- 1. Mahendra Ram, Son of Sri Parmeshwar Ram, resident of village-Kohbara Bishunpur, P.S.-Kumar Kund, District-Madhepura. 2. Prabhu Dayal Das, Son of Dhero Das, resident of village-More Sandha, P.S.- Madhepura, District-Madhepura. 3. Vidyanand Ram, Son of Raghuni Ram, resident of village-Dhurgaon, P.S.- Madhepura, District-Madhepura. 4. Satyendra Kumar, Son of Jagaeshwar hazra, resident of Manihari, P.S.-Madhepura, District-Madhepura. 5. Ram Padarath Paswan, Son of Ram Khelawan Paswan, resident of village-Mitha Tola, P.S.-Chausa, District-Madhepura. –Appellants. VERSUS 1. The State of Bihar, through the Secretary to Government, Human Resources Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna. 2. Director of Primary Education, Human Resources Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna. 3. District Education Officer, Madhepura. 4. District Superintendent of Education, Madhepura. 5. District Magistrate, Madhepura. 6. Bijendra Paswan, (name of father not known), Assistant Teacher, Primary School, C/o-District Superintendent of Education, Madhupura. 7. Upendra Ram, (name of father not known), Assistant Teacher, Primary School, C/o- District Superintendent of Education, Madhupura. 8. Yogendra Paswan, (name of father not known), Assistant Teacher, Primary School, C/o-District Superintendent of Education, Madhupura. 9. Upendra Mochi, (name of father not known), Assistant Teacher, Primary School, C/o-District Superintendent of Education, Madhupura. –Respondents. ----------- For the Petitioners : M/s-Chakradhari Singh, Sr. Adv., D.N. Singh, & Rakesh Kumar, Advocates. For the Respondents : M/s-Tej Bhadur Singh, Sr. Adv., Yoogendra Kumar, M. K. Gautam & Manish Kumar, Advocates. ----------- P R E S E N T THE HON'BLE MR. JUSTICE NAVANITI PRASAD SINGH ----------- Navaniti Prasad Singh, J. Initially five petitioners had come to this Court with a grievance that they being B.Sc. trained, they are entitled to the pay scale of B.Sc. trained teachers for which they are entitled with effect - 2 - from 20.02.1995. Their contention further was that respondent nos.6 to 9, who are B.A. trained teachers have been wrongly granted B.Sc. trained teachers scale, thus, occupying petitioners’ quota. Mr. Chakradhari Singh, learned Senior Counsel appearing in support of the writ petition states that during Pendency of the writ petition petitioner no.5, Ram Padarath Paswan has left service and is not interested in pursuing the writ petition any more. Thus, this writ petition is confined to the four petitioners only. Mr. Tej Bhadur Singh, learned Senior Counsel appearing for the respondent nos.6 to 9 submits that petitioners have recently been granted full relief which they seek without disturbing the petitioners. The relief has been granted by the District Superintendent of Education, Madhepura and has been communicated to the petitioners vide Memo No.557 dated 09.03.2010, which is placed on record by the parties. Mr. Chakradhari Singh, learned Senior Counsel appearing for the petitioners does not dispute the position and points out that in the aforesaid memo it is noticed that the petitioners entitlement was decided in principle on 22.08.1988 and having passed the teaching examination with effect from 17.04.1995, as would be evident from the said memo itself, they were entitled to and were granted B.Sc. trained scale with effect from 18.04.1995. This was interpreted in the year 2009 but it is only after this memo that from March 2010 payments have been resumed without making payment of arrears. He further submits that in the memo itself it is - 3 - evident that the four petitioners became entitled to B.Sc. trained scale with effect from 18.04.1995 as such right from 1995 they are entitled to get the said payment uninterruptedly. Having considered the matter and heard the learned counsels for the petitioners, State and the private-respondents, in my view, the basic question and the grievance of the petitioners have been fully redressed. They have been held to be entitled B.Sc. trained pay scale of Rs.1640-2900 with effect from 18.04.1995 and, as such, this Court is not called upon to decide this issue any more. So far as payment is concerned, as the entitlement has been determined in favour of the petitioners, it would be the responsibility of the District Superintendent of Education, Madhepura to ensure that all the petitioners are paid, if not already paid, full remuneration of B.Sc. trained scale with effect from 18.04.1995 uninterruptedly up to date and ensure its continuance as well. Arrears, if any, would have to be calculated including in respect of pay revision and paid to the petitioners within three months of production of copy of this order before the District Superintendent of Education, Madhepura. The responsibility for timely compliance of order of this Court shall be on him. With the aforesaid observations and directions, the writ petition is, accordingly, disposed of. Patna High Court The 16th November, 2010 NAFR/ Trivedi/ (Navaniti Prasad Singh, J.)