IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9191 of 2009 SURENDRA PRASAD SINGH, Son of Sri Bishe Singh, resident of Village and P.O.-Bhairwar, District-Begusarai, at present posted as Assistant Teacher, Govt. Middle School Kaligarh, Ayodhya Bari, North Begusarai, District- Begusarai. ……….Petitioner. Versus 1. The State of Bihar. 2. Secretary Education Human Resources Department, Govt. of Bihar, Patna. 3. District Superintendent of Education, Begusarai. 4. District Treasury Officer, Begusarai. ………..Respondents. ----------- 4/ 26.03.2010 Heard counsel for the petitioner and the counsel appearing for the State. Despite several opportunities given to the counsel appearing for State, no counter affidavit has been filed. Prayer of the petitioner is for quashing of the order dated 06.12.2008 issued by the District Superintendent of Education, Begusarai, contained in Memo No. 3139, whereby the representation filed by the petitioner for granting him similar benefit as has been allowed to the petitioner in C.W.J.C. No. 8333 of 1999 and in the light of the Resolution of the State Government, bearing No. 6022 dated 18.12.1989, has been rejected. On perusal of the rejection order, passed by the D.S.E., Begusarai, it transpires that only reason for not allowing him benefit, as it has been allowed in case of Shivkant Jha is that the State could not file any L.P.A. within the period of limitation, against the judgment and order passed in C.W.J.C. No. 8333 of 1999. This cannot be a good ground for not - 2 - allowing similar benefit to the petitioner as the judgment and order passed in C.W.J.C. No. 8333 of 1999 is still a good law. In Shivkant Jha’s case, the Hon’ble High Court has discussed and analyzed Clause-8 of Finance Department’s Resolution, bearing No. 6022 dated 18.12.1989 and decided that what should be the proper calculation in accordance with the Resolution in case of persons appointed or promoted in between 01.01.1986 to 18.12.1989. Since, petitioner’s case is fully covered by the judgment and order passed in Shivkant Jha’s case, which is still a good law, the order passed by the District Superintendent of Education, Begusarai, is quashed. The respondent authorities are directed to re-fix the salary of the petitioner in the light of the judgment and order passed in Shivkant Jha’s case and in the light of clause-8 of the Finance Department’s Resolution No. 6022 dated 18.12.1989, the petitioner will also be entitled for all consequential benefits on account of fixation of his salary in the light of the judgment and order passed in case of Shivkant Jha’s case. The fixation must be made within four weeks and all consequential benefits, on account of such fixation, shall also be paid, within eight weeks from the date of production/communication of the order. This application is allowed. Sanjeet/ (Mridula Mishra, J.)