IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2310 of 2002 Satya Narayan Roy, son of Late Sheodhyan Roy, resident of village Ranni, p.O. Sikrahta, District- Bhojpur …………. Petitioner Versus 1.The State Of Bihar 2.The Director, Secondary Education, New Secretariat Building Road, Patna 3.The Regional Deputy Director, Patna Division, Patna 4.The District Education Officer, Head Quarter at Ara Bhojpur in the district of Bhojpur 5.The District Accounts Officer, Bhojpur, Ara 6.The Headmaster, High School Matukpur, Bhojpur, P.S. Barhara in the district of Bhojpur, Drawing Disbursing Officer of High School, Ranni, Dumarian, Bhojpur 7.The Accountant General, Bihar, Patna …………. Respondents ----------- 12. 25/03/2010 Petitioner has raised a dispute in this case with regard to his pay fixation. In view of intricacies involved in the pay fixation, this Court by order dated 8.12.2009 permitted the petitioner to add Accountant General, Bihar as party respondent and directed him to serve a copy of the entire brief on Mr.Rajgirihar, learned counsel, who usually appears on behalf of the Accountant General in this Court. Mr.Rajgirihar was requested to get the matter thoroughly examined and file affidavit in respect of the dispute raised by the petitioner. After few adjournments, counter - 2 - affidavit has been filed on behalf of the Accountant General after scrutiny of service record of the petitioner. Along with the counter affidavit, calculation chart of pay fixation of petitioner has been annexed as Annexure-A. Annexure-A mentions three contingencies. Mr.Rajgirihar explains that since petitioner was appointed in a Government School on 18.12.1975, his pay on that day has to be determined first and rest of the calculations have to be made on that basis. He submits that the first contingency in Annexure-A shows that if petitioner’s services are taken as a fresh appointment from 18.12.1975, his initial pay will be Rs.387/-. He submits that the second contingency mentioned in Annexure-A is that,if appointment of petitioner in Loyala School, prior to his appointment in Government School,is taken into consideration, then pay which he was getting immediately on appointment in Government School i.e. Rs.400/- has to be taken into consideration as initial pay on 18.12.1975 and on that basis rest of the calculation has to be made. The third contingency mentioned in - 3 - Annexure-A is that if the initial appointment of petitioner in Loyala School with effect from 25.6.1974 is taken into consideration then his scale will be Rs.220-400 on 25.6.1974 and he will get consequential benefits. Thus, in the first contingency petitioner will be entitled to Rs.10,300/- as on 1.12.2001, in the second contingency, he will be entitled to Rs.10,500/- on that date and in the third contingency he will be entitled to Rs.10,700/- as on 1.6.2001. On instructions, Mr.Rajgirihar submits that Loyala School is a purely private minority unaided school and therefore, services rendered by the petitioner in Loyala School cannot be counted for fixing his pay scale on 18.12.1975 when petitioner was appointed in Government School. Therefore, according to him, petitioner will be entitled to pay fixation as per first contingency. However, Mr.Rajgirihar fairly submits that the matter requires final decision by the Department itself and the Accountant General is not competent to give a final verdict on the same. - 4 - Learned counsel for the petitioner disputes this submission. He submits that Loyala School is a minority aided school and therefore, services rendered by petitioner in Loyala School has also to be counted for fixing his pay scale on 18.12.1975, the day on which he entered in the Government service. In the circumstances, the question which goes to the root of the matter is whether Loyala School is a minority aided school or not. There is nothing on record to show that Loyala School is a minority aided school and under the Government rules petitioner is entitled for counting his services rendered in the said school. This fact has to be ascertained by the authorities of the Department conclusively and thereafter determine the pay scale of the petitioner which he was entitled when he entered in the Government service i.e. 18.12.1975 and thereafter his consequential benefits etc. Petitioner is, therefore, directed to file a representation before the Principal Secretary of the Department of Human Resources Development (Secondary Education) enclosing - 5 - said calculation made by the Accountant General Office and raise his claim for counting his services rendered in Loyala School before entering in the Government Service. The Principal Secretary shall examine the matter in detail as the same may affect not only petitioner but large number of other similarly situated Government Employees who had rendered their services in private institutions prior to entering into a Government service. After thorough scrutiny in the matter, a final decision shall be taken preferably within a period of three months from the date of filing of the representation. With the aforesaid observations and directions, this writ application is disposed of. Pradeep/ (J. N. Singh, J.)