IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4842 of 2007 Ram Vilash Lal ‘Hans’, S/o Late Babu Lal Das, R/o Rewari, P.O. Rewari, P.S. Nagarghat, Dist. Samastipur, At present Assistant Teacher, Middle English School Muriyareo, P.S. Ujiarpur, Dist. Samastipur. -------- Petitioner Versus 1. The State of Bihar through Director, Primary Education, Patna, Bihar. 2. District Superintendent of Education, Samastipur. 3. Head Master, M.E. School Muriaro Ujiarpur, Ancha, Dist. Samastipur. --------- Respondents ----------- 2 19.08.2011 Having heard learned counsel for the parties and taking into account the reasoned order passed by the authority rejecting the claim of the petitioner for grant of I.A. Trained Scale of Pay, this Court is satisfied that in the facts and circumstances of the case of the petitioner, he was never entitled to get I.A. Trained Scale of Pay. It is an admitted fact that the appointment of the petitioner was made in a private school by the Managing Committee and the petitioner was given only Matric Trained Scale of Pay. The service of the petitioner, in fact, was also taken over by the State Government in the year 1975 in the Matric Trained Scale of Pay. The petitioner also earned the time bound promotion by treating his services in the Matric Trained Scale of 2 Pay. In such a situation, the claim of the petitioner, based on an order of the District Superintendent of Education, Samastipur contained in his letter dated 24.8.1991 that the petitioner was given I.A. Trained Scale of Pay by the order of the District Superintendent of Education, Samastipur, will also not bestow any benefit to the petitioner primarily because the District Superintendent of Education, Samastipur, on his own, could not have taken such a decision inasmuch as, any promotion to all the Matric Trained Teachers in the I.A. Trained Scale of Pay could have been given by the District Education Committee and not by the District Superintendent of Education alone. Moreover, the said order dated 24.8.1991 was never made operative and, in the fact, when the 1993 Rule came into force with effect from 1.1.1986, the concept of I.A. Trained post was itself abolished by merging the post of Matric Trained and I.A. Trained with the benefit of three increments to such of the teachers who were already granted regular promotion in the I.A. Trained Scale of Pay. In that view of the matter, the petitioner’s claim for I.A. Trained Scale of Pay on or 3 after 1.1.1986 in view of the 1993 Rules must be held to be wholly misconceived. The submission of the learned counsel for the petitioner that the petitioner was never made aware of the reasons of making the order dated 24.8.1991 ineffective/ inoperational will also have to be answered in the light of the change in law by introduction of 1993 Rules being made retrospective with effect from 1.1.1986. That being so, this Court does not find any error in the impugned order passed by the Director, Primary Education, who has taken into account each and every details of service history for coming to a conclusion that the petitioner was not entitled to be paid his salary in the I.A. Trained Scale of Pay. Considering all these aspects, this Court would find no merit in this application and the same is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)