IN THE HIGH COURT OF JUDICATURE AT PATNA MJC NO.273 OF 2000 SIYA RAM SINGH, SON OF RAMA NAND SINGH, RESIDENT OF VILLAGE MOHANPUR, P.O. MOHANPUR, P.S. KARAKAT, DISTRICT ROHTAS……………………..……….PETITIONER VERSUS 1. MR.AMIT KHARE, DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 2. MR. KHWAZA GULAM RASUL, REGIONAL DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 3. MR. VISHWANATH SINGH, DEPUTY DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 4. MR. RAM PRAVESH SINGH, DISTRICT SUPERINTENDENT OF EDUCATION, ROHTAS AT SASARAM 5. THE STATE OF BIHAR & OTHERS…..OPPOSITE PARTIES. ---------- 10 17.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. From the supplementary show cause filed today by the District Superintendent of Education, Rohtas at Sasaram, it appears that petitioner’s scale in B.A. trained scale has been fixed with effect from 13.03.1982, the date from which his juniors were granted. However, monetary benefits were held admissible from 13.02.2004, the date on which he assumed the charge of that post. In the show cause, reference has been made to Rule 58 of the Bihar Service Code which bars payment of pay and allowances of the post to a Government servant if he had not functioned on the post. - 2 - This issue cannot be decided in this contempt proceeding. However, petitioner shall be entitled to monetary benefits of such fixation of his pay-scale with effect from 13.03.2004. It is stated in the show cause that in view of the Full Bench judgment of this Court reported in 2009 (3) PLJR 384 (FB), the gradation list for promotion in graduate trained scale of Science and Arts faculty of the District has to be revised. The opposite parties have to take action in terms of the direction of the Full Bench for which they have liberty. In view of the supplementary show cause, the contempt proceeding is dropped. Personal appearance of the District Superintendent of Education, Rohtas at Sasaram is dispensed with. Petitioner will be at liberty to take steps for claim of his monetary benefits of the scale with effect from 13.02.1982 itself in accordance with law. This application is, accordingly, disposed of. B.T (J. N. Singh, J.)