IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.15512 of 2006 ============================================= ANANDI RAI, S/O SRI SUKHAL RAI, HEAD MASTER OF SRI RUP NARAIN RAI YADAV LAL HIGH SCHOOL, JITPUR , BISUNPURWA, POLICE STATION CHHAURADANO, DISTRICT EAST CHAMPARAN, MOTIHARI. ………………PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE DIRECTOR , BIHAR SECONDARY EDUCATION BOARD, GOVERNMENT OF BIHAR, BUDHAMARG, PATNA. 3.THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, TIRHUT DIVISION, MUZAFFARPUR. 4.THE DISTRICT EDUCATION OFFICER, EAST CHAMPARAN. …………………RESPONDENTS. ============================================= 03/ 14.07.2011 Heard counsel for the parties as with regard to the following prayer of the petitioner:- “That this is an application for issuance of an appropriate writ/writs; order/orders; directing the respondents to consider the case of the petitioner for grant of Senior Scale of Rs. 2000 to 3500/- with effect from 20.08.1988 , on which date he completed 12 years of service as Assistant Teacher and its replacement scale of Rs. 6500/- to 10500/- with effect from 01.01.1996 on the basis of the report of pay revision Committee under the Finance Department Resolution No. 6022 dated 18.12.1989 Resolution No. 660 dated 08.02.1990. Further directing the respondents to consider the case of the petitioner for founder Headmaster of Rup Narain Rai Yadav Lal High School, Jitpur, Bisunpurwa, Police Station Chhauradane, District East Champaran, (Motihari) in the light of observation made by this Hon’ble High Court in its judgment dated 21st May, 1987 passed in C.W.J.C. 2 No. 2635 of 1981 and also in the light of judgment of the Hon’ble Supreme Court in case of A.K. Pradhan Versus The State of Bihar &Ors 1988 (2) SCC 411, with all consequential benefits”. This Court would find that the petitioner had already been granted Senior scale of pay by order dated 19.01.2007 and that the claim of the petitioner for founder Headmaster was rejected by specific order dated 19.04.2007 as would be apparent from the reading of paragraph no. 4 and 5 of the counter affidavit, wherein, it has been stated :- “4.That with regard to claim of senior pay scale of the petitioner it is stated that the petitioner has been granted senior pay scale w.e.f. 12.05.1990 vide letter no. 52 dated 19.01.2007 and the petitioner has also sent an application to the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur on 04.12.2007 stating therein that he has got the senior pay scale, so there is no grievance with regard to senior pay scale. 5. That so far the claim with regard to appointment of the petitioner as found Headmaster is concerned, it is stated that the claim of the petitioner was considered by the department and it was found that the petitioner do not possess the requisite qualification of teaching experience of 7 years for becoming found Headmaster but petitioner has only 4 years experience. Not only this the name of the petitioner does not place or figured in the seniority list since 1985 and also he has never been 3 recommended/empanelled by the Vidyalaya Seva Board for appointment as Headmaster on direct recruitment and hence the claim of the petitioner was rejected by the Director, Secondary Education, Government of Bihar vide order contained in Memo No. 286 dated 19.04.2007, and therefore the petitioner is not entitled for any arrears in this regard.” Copy of the counter affidavit was served upon the counsel for the petitioner on 05.02.2008, but there is no rejoinder to the same till date nor the counsel for the petitioner has appeared to press the remaining claim of the petitioner of being made founder Headmaster. That being so, this application is devoid of any merit and is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J)