IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.30 of 2010 1. THE STATE OF BIHAR THROUGH THE SECRETARY-CUM- COMMISSIONER,DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, BIHAR, PATNA, NEW SECRETARIAT, PATNA 2. THE DIRECTOR, PRIMARY TEACHERS CUM JOINT SECRETARY, BIHAR, PATNA 3. THE DISTRICT EDUCATION OFFICER, SIWAN 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SIWAN Versus 1. ABHAY KUMAR SINGH S/O SHRI SITA RAM SINGH R/O VILL-SENDUAR, P.S- JANTA BAZAR, DISTT- SIWAN ----------- 4 11.1.2011. Mr Prasun Sinha, learned G.A.No.2 for the appellants and Mr S.N.Singh for the respondent are present. The State of Bihar has filed the instant appeal under Clause 10 of the Letters Patent of High Court of Judicature at Patna and raises a grievance against order dated 24.9.2009, passed by a learned Single Judge of this Court in C.W.J.C.No. 10896 of 2000. The learned Single judge by his impugned order dated 24.9.2009 directed appellants to comply the order of the Hon'ble Apex court, passed in S.L.P.( C) 6377 of 1992 dated 18.4.1996 in light of resolutions of the Finance Department dated 18.12.1990 & 13.8.1990 in respect of revision of pay scale. Appellants State of Bihar submits that writ petitioner who was holding substantive post of Matric trained teacher officiated as B.A. trained teacher from 21.4.1982 to 8.6.1988. As per direction of the Hon'ble Apex court, the respondent writ petitioner was granted B.A. trained scale. As per resolutions of the Finance Department, dated 13.8.1990 and 18.12.1990, the revised pay scale of B.A. trained teacher came into effect from 1.1.1986. 2 However, the actual payment was payable from 1.1.1989 only. According to appellants, the writ petitioner was posted back on his substantive post of Matric trained teacher, much prior to 1.1.1989. Heard learned counsel for the parties. It goes without saying that any direction for payment in the higher scale in case of an officiation would include revised pay scale as well. As such, the submissions of learned counsel for the respondent to that extent has substance. Nonetheless, this Court cannot lose sight of Clause 7 of the Resolution of the Finance Department, Government of Bihar, which provide that the actual revised payment would be made only from 1.1.1989. The revised pay scale can be calculated notionally for the purpose of fixation of pay. Admittedly, the writ petitioner/respondent did not officiate on B.A. trained scale subsequent to 1.1.1989, as such, the revised pay scale would not inure to his benefit as the same was payable only with effect from 1.1.1989. It is an admitted position that the petitioner has already been paid B.A. trained scale of teachers for the period he officiated between the period April, 1982 to June, 1988. Thus the petitioner would not be entitled to revised scale payable as the same came into effect on 1.1.1989. With the aforesaid observations, this appeal is disposed of. (S.K.Katriar,J). Shashi (S.P.Singh,J).