IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16043 of 2005 VINAYAK PRASAD YADAV, SON OF MOTI PRASAD YADAV, RESIDENT OF CHIKARNI, P.O. SURAIGARH, P.S. KISANPUR, DISTRICT SUPAUL, PIN 852105; PRESENTLY POSTED AT MIDDLE SCHOOL BHAPTIYAHI, ANCHAL NIRMALI, DISTRICT SUPAUL, PIN 852105. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF EDUCATION, BIHAR, PATNA. 2. THE DIRECTOR, DEPARTMENT OF PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, KOSHI DIVISION, SAHARSA. 4. THE DISTRICT MAGISTRATE, SUPAUL, DISTRICT SUPAUL. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, SUPAUL, DISTRICT SUPAUL. 6. THE REGIONAL EDUCATION OFFICER, RAGHOPUR, DISTRICT SUPAUL. 7. THE PRINCIPAL, MIDDLE SCHOOL, BHAPTIYAHI, ANCHAL NIRMALI, DISTRICT SUPAUL. 8. THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT OF BIHAR, PATNA. ------------------------------------------------------------------------------------------------ RESPONDENTS For the petitioner :- Mr. Amrit Abhijat, Advocate Mr. Upendra Yadav, Advocate For the State :- Mr. Apurva Kumar, A.C. to S.C. 10. ******** 3 8.3.2011 Counsel for the petitioner is directed to add the Principal Secretary, Finance, Government of Bihar, Patna as respondent in this case. The writ application was initially filed for grant of promotion and payment of the promotional dues. The promotion was granted w.e.f. 15.9.1996 whereas payment was made from the date of issuance of letter of promotion i.e. 20.10.2005. Vide annexure-A, dated 29.10.2005 the anomaly was removed and the petitioner was granted the scale of Matric Trained Assistant Teacher from 21.3.1996. 2 A counter affidavit has been filed stating therein that the payment would be made taking permission from the Finance Commissioner. I, therefore, direct that the District Superintendent of Education, Supaul should immediately place the matter through proper channel before the Finance Commissioner for approval of scale and payment of the dues of the petitioner from 15.9.1996 to 20.10.2005. Steps should be taken by the District Superintendent of Education, Supaul within a period of two months on receipt of a copy of this order. The petitioner is directed to file a copy of this order along with Annexure-A before the District Superintendent of Education, Supaul. The Director, Department of Primary Education, Government of Bihar, Patna and the Finance Commissioner, Department of Finance, Government of Bihar, Patna should expedite the payment of the petitioner. In any case the Finance Commissioner should pass appropriate order in the case of the petitioner within a period of six months on receipt of a copy of this order along with Memo No. 1594, dated 29.10.2005. This writ application is disposed of with the aforesaid directions. Sanjay ( Sheema Ali Khan, J.)