IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15339 of 2009 1. BIPAT SAH S/O LATE BISHNU SAH R/O VILL MALTI, P.O. PIPRA DEWAS,VIA ANDP.S. BARAUNI, DISTT- BEGUSARAI, AT PRESENT RESIDENT OF VILLAGE AND P.O. PIPRA DEWAS, P.S. BARAUNI, DISTT- BEGUSARAI, AT PRESENT POSTED AND WORKING AS AN ASSISTANT TEACHER(INCHARGE HEADMASTER) IN GOVT. MIDDLE SCHOOL NONPUR, ANCHAL - TEGHARA, DISTT- BEGUSARAI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT GOVT. OF BIHAR, PATNA 4. THE DEPUTY SECRETARY FINANCE (PAY FIXATION )DEPARTMENT GOVERNMENT OF BIHAR, PATNA 5. THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA 6. THE SPECIAL DIRECTOR, PRIMARY AND ADULT EDUCATION BIHAR, PATNA 7. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION MUNGER DIVISION, MUNGER 8. THE DISTRICT MAGISTRAE , BEGUSARAI 9. THE DEPUTY DEVELOPMENT COMMISSIONER- CUM- CHAIRMAN DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, BEGUSARAI 10. THE DISTRICT SUPERINTENDENT OF EDUCATION BEGUSARAI 11. THE DISTRICT TREASURY OFFICER BEGUSARAI 12. THE DISTRICT ACCOUNTS OFFICER, BEGUSARAI with CWJC No.15464 of 2009 1. DIWAKAR PRASAD SINGH S/O SHRI FEKAN MAHATO R/O VILL.- BHIRAHA, P.O. AMARPUR, P.S.- MEDANI CHOUKI, DISTT.- LAKHISARAI, AT PRESENT POSTED AND WORKING AS AN ASSISTANT TEACHER IN GOVT. PRIMARY SCHOOL TAJPUR BHIRAHA CHAYEE TOLA, ANCHAL- SURYAGARHA, DISTT.- LAKHISARAI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY, FINANCE DEPTT., GOVT. OF BIHAR, PATNA 4. THE DEPUTY SECRETARY FINANCE (PAY FIXATION) DEPTT., GOVT. OF BIHAR, PATNA 5. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA - 2 - 6. THE SPECIAL DIRECTOR, PRIMARY AND ADULT EDUCATION, BIHAR, PATNA 7. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, MUNGER DIVISION, MUNGER 8. THE DISTRICT MAGISTRATE, LAKHISARAI 9. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, LAKHISARAI 10. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUNGER 11. THE DISTRICT SUPERINTENDENT OF EDUCATION, JAMUI 12. THE DISTRICT SUPERINTENDENT OF EDUCATION, LAKHISARAI 13. THE DISTRICT TREASURY OFICER, LAKHISARAI 14. THE DISTRICT ACCOUNTS OFFICER, JAMUI 15. THE HEADMASTER-CUM-DRAWING AND DISBURSING OFFICER, GOVT. PRIMARY SCHOOL TAJPUR BHIRAHA CHAYEE TOLA ANCHAL- SURYAGARHA, DISTT.- LAKHISARAI with CWJC No.15661 of 2009 1. DRAUPADI KUMARI W/O SHRI RAM LAKHAN PRASAD SINGH VILLAGE & P.O.- BAHACHOWKI, P.S.- DHARAHARA, DISTT.- MUNGER, AT PRESENT POSTED AND WORKING AS AN ASSISTANT TEACHER IN GOVT. MIDDLE SCHOOL RASULPUR, ANCHAL- SURYAGARHA, DISTT.- LAKHISARAI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE DEPUTY SECRETARY FINANCE (PAY FIXATION) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 5. THE DIRECTOR PRIMARY EDUCATION, BIHAR, PATNA 6. THE SPECIAL DIRECTOR PRIMARY AND ADULT EDUCATION, BIHAR, PATNA 7. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION MUNGER DIVISION, MUNGER 8. THE DISTRICT MAGISTRATE LAKHISARAI 9. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, LAKHISARAI 10. THE DISTRICT SUPERINTENDENT OF EDUCATION MUNGER 11. THE DISTRICT SUPERINTENDENT OF EDUCATION LAKHISARAI 12. THE DISTRICT TREASURY OFFICER LAKHISARAI - 3 - 13. THE DISTRICT ACCOUNTS OFFICER MUNGER ----------- For the Petitioners:- Mr.Umesh Kumar Mishra,Advocate For the State:- S.C.7,S.C.2 & G.P.21 3 8.3.2010 Heard counsel for the petitioners and the counsel appearing for the State. Petitioners in all these writ applications were appointed in the I.Sc trained scale in between the period 1.1.1986 and 18.12.1989. Their grievance is that though they are entitled for fixation of their pay scales in a similar manner, as it has been done in the case of Shiva Kant Jha, in the light of the order passed by the High Court in C.W.J.C. No. No. 8333 of 1999, they are being denied this benefit by the respondents on the ground that it will defeat the object of clause 8 of the Resolution No. 6002 dated 18.12.1989 of the Finance Department, relating to fixation of salary in the revised pay scales. Only ground, which is given by - 4 - the respondents for denying this benefit to the petitioners is that the order passed in Shiva Kant Jha’s case, cannot be taken as a guideline, simply because it remained unchallenged, as the State Government could not prefer an appeal against this judgment on account of expiry of period of limitation. Several such matters are being filed specially by the Assistant Teachers of Begusarai district, on the same ground and in the Courts affidavit filed by the State in all these writ applications only reason for not allowing the benefit to the similarly situated teachers is that the judgment passed in Shiva Kant Jha’s case(supra) cannot be made applicable as it is not in accordance with the provision under Clause 8 of the Finance Department’s Resolution. No reason is assigned, explaining the provision under clause 8 - 5 - of the Resolution dated 18.12.1989. Sufficient time was allowed to the counsel appearing for the State, in all the three matters, so that they may come out with a definite reason, that explanation given in the case of Shiva Kant Jha, while analyzing Clause 8 of the resolution of the Finance Department, is not in accordance with the objective of the State Government. Since no such explanation has come from the State, I do not find any reason for not allowing the petitioners’ same benefit, which has been allowed to Shiva Kant Jha in the light of the judgment and order passed in CWJC No. 8333 of 1999. In the first case, petitioner has filed I.A. No. 726 of 2010 with a prayer for quashing of memo No. 1819 dated 23.11.2009 issued under the signature of Director, Primary Education, Bihar, - 6 - Patna, whereby the claim of the petitioner for fixation of his pay scale at Rs.1290 instead of Rs.1470/- with effect from the date of his appointment has been rejected. This is an additional prayer, for which Interlocutory application is filed. The Interlocutory application in CWJC No. 15339 of 2009 is allowed. In other two cases the representations filed by the petitioners are still pending before the District Superintendent of Education, whereby the petitioners’ have claimed for fixation of their salary at Rs. 1470 instead of Rs.1290/- since the date of their appointment, with all consequential benefits. Further petitioners have also made a prayer for quashing of the entry made by the District Accounts Officer in their service book, with regard to fixation of their salary with effect - 7 - from the date of their appointment. In several writ applications, I have already discussed Clause 8 of the Finance Department Resolution, in the light of order passed in CWJC No. 8333 of 1999. In CWJC No. 15339 of 2009 the order passed by the Director, Primary Education, Bihar, Patna and in CWJC No. 15464 of 2009 and CWJC No. 15661 of 2009 entry made in their service books by the District Accounts Officer, are quashed. The District Superintendent of Education, Begusarai is directed to allow petitioners’ similar relief, with effect from the date of their appointment as it has been allowed in the case of Shiva Kant Jha, considering the fact that the judgment and order passed in Shiva Kant Jha’s case is still a good law. The respondent District Superintendent of Education is directed - 8 - to pass necessary orders within eight weeks from the date of production/communication of this order. In case of petitioner Diwakar Prasad Singh,(CWJC No. 15464/2009) recovery of Rs.26, 000/- and odd has been made by the District Superintendent of Education from his salary, the recovered amount shall be refunded to the petitioner. Petitioners’ are allowed relief in the similar manner as it has been done in the case of Shiva Kant Jha in CWJC No.8333 of 1999,with all consequential benefits. These writ applications stands allowed. (Mridula Mishra,J.) A.Kumar