IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1546 of 2009 ====================================================== Shiv Narayan Singh .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Narayan Rai Mr. Rajeev Lochan For the Respondent/s : Mr. (Sc12) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 6 13-10-2011 Petitioner was initially appointed to the post of Assistant Teacher on 8.7.1965 and obtained Graduation degree in the year 1975 and training degree in the year 1977. He was allowed trained Graduate scales of Rs.387 to 600/- after becoming the trained Graduate Teacher. He was given revised pay scale of Rs. 850 to 1360/- on 1.4.1981 and Fist time bound promotion on 12.10.1987. His pay was fixed at Rs. 1260/- after grant of First Time Bound Promotion. He completed 12 years of service on 12.10.1989, and was given pay scale of Rs. 2000 to 3500/-. Petitioner’s grievance is that Patna High Court CWJC No.1546 of 2009 (6) dt.13-10-2011 P2 o/12/12 2 subsequently his pay scale was wrongly fixed at Rs. 2300/- which ought to have been fixed as per resolution No. 3/PAR-01/389-6022 (F2) dated 18.12.1989 of the Finance Department at Rs. 2450/-. The petitioner subsequently superannuated but on account of wrong fixation of his salary, his pension was wrongly fixed on the basis of Rs. 2300/-. This application has been filed by the petitioner for quashing of Office order dated 1.8.2007 contained in letter No. 517/Vidhi issued by the Director Secondary Education, Bihar, Patna ( Respondent No.2), whereby representation of petitioner for fixation of pay scale at the rate of Fs. 2450/- with effect from 21.10.1989, as per resolution No. 3/PAR-01/389-60 22 (F(2) dated 18.12.1989 issued by the Finance Department, Government of Bihar, has been rejected. Petitioner’s case is that he had represented against wrong fixation of his pay at Rs. 2300/- but the respondent no.2 has rejected petitioner’s claim, Patna High Court CWJC No.1546 of 2009 (6) dt.13-10-2011 P3 o/12/12 3 putting his case under Clause (vi) & (vii) of the Finance Department Resolution, though not applicable in the case of the petitioner. Respondent no.2 has wrongly relied upon Rule 22© in case of the petitioner, though it is not applicable in his case and its’ application being only to whom who had only completed ten years as trained graduate on 1.3.1989 and afterwards. So far petitioner is concerned, he had completed ten years trained Graduate on 12.10.1987 and completed 12 years on 12.10.1989, hence, after giving vettage of 12% on the basic scale on Rs. 2180/- on 12,10. 1989, his salary should have been fixed at Rs. 2,441.60/-, nearest to higher pay of Rs. 2460/-. In the Counter affidavit filed on behalf of the State, it has been stated that the Government after due consideration decided to give two time bound promotions to the Government Employees, vide Finance Department’s Resolution No. 10770 dated 30.12.1981. Under Para 11 of the of this Patna High Court CWJC No.1546 of 2009 (6) dt.13-10-2011 P4 o/12/12 4 resolution it was decided to allow first time bound promotion by the end of ten years of service and second time bound promotion by the end of twenty five years of service. This benefit was made effective with effect from 1.4.1981. The Government also decided to allow revised scale of pay to the teachers of Nationalized Primary and Secondary School Teachers with effect from 1.1.1986, under the provisions of Central Government, regarding training, eligibility for appointment, promotion and service condition. The Finance Department, Government of Bihar vide Resolution No. 6022 dated 18.12.1989 provided necessary provisions and guidelines for allowing revised pay scale with effect from 1.1.1986 under Para 13 of this resolution. As per Finance Department Resolution, following provisions were made:- i) All those teachers who were in the basic grade on 1.1.1986 shall have their revised pay fixed in the basic grade. Patna High Court CWJC No.1546 of 2009 (6) dt.13-10-2011 P5 o/12/12 5 ii) All those teachers who were in receipt of promotion or time bound promotion into the junior selection grade and had completed 12 years of service in the basic grade prior to 1.1.1986 shall have their pay fixed in the revised senior scale. Those teachers who were into the junior selection grade, prior to 1.1.1986, but had not completed 12 years of service in the basic grade on that date, shall also have their pay fixed in the basic grade only on 1.1.1986. Benefit of promotion and fixation of pay in senior scale shall be given to them with effect from the date they complete 12 years of service. iii) Those teachers who have received promotion into junior selection grade or first time bound promotion after 1.1.1986 but before 1.3.1989 shall be given the benefit of promotion for the purpose of fixation of their pay in the revised scale Patna High Court CWJC No.1546 of 2009 (6) dt.13-10-2011 P6 o/12/12 6 only with effect from the date they have received promotion or date on which they complete 12 years of service whichever is later. vii) The existing procedure of fixation of pay on promotion will cease to be applicable to teachers in the revised pay scales with effect from 1st January, 1986. In their case the pay fixation on promotion shall be governed by Rule 22© of the Fundamental Rules and the instructions issued by the Central Government for their teachers from time to time. As per the stand taken by the respondents the petitioner completed 12 years of service on 12.10.1989 in the basic grade of Assistant Teacher and he was allowed senior scale in the scale of Rs. 2000- 3500/-. The petitioner was at the stage of Rs. 2120 on 12.10.1989 in the scale of Rs. 1640-2940/-. Therefore on 12.10.1989 on grant of senior scale his pay should have been Patna High Court CWJC No.1546 of 2009 (6) dt.13-10-2011 P7 o/12/12 7 fixed at the stage of Rs. 2240/- as per the provisions of fixation of scales of Assistant Teacher under Fundamental Rules 22©. His pay was wrongly fixed at Rs. 2300/- with this finding that claim of petitioner for fixation of salary of Rs. 2450 on 12.10.1989 is not justified. Petitioner had earlier for similar relief preferred CWJC No. 6434 of 2003, which was disposed off giving liberty to the petitioner for representing his case before the Respondent No.2. The representation filed by the petitioner remained pending and was not disposed off by reasoned and speaking order. Petitioner then filed MJC No. 732 of 2007 for taking appropriate action against respondent no.2. In the contempt application when time was granted to respondent no.2 for filing show cause and ultimately the Hon’ble Court directed personal appearance of respondent no.2. The representation of the petitioner, was disposed off, in between the period and along with the show cause, impugned Patna High Court CWJC No.1546 of 2009 (6) dt.13-10-2011 P8 o/12/12 8 order dated 1.8.2007 was brought before the Court intimating that the representation filed by the petitioner has been rejected. Impugned order was passed in haste, without properly considering his case. Counsel for the petitioner submits that from perusal of the impugned order dated 1.8.2007 it is apparent that without applying his mind the respondent no.2 has rejected petitioner’s representation and recorded a wrong finding that after completion of 12 years of service on 12.10.1989 petitioner was in the scale dof Rs. 1640-2900 i.e. Rs. 2180/-. In the impugned order it has wrongly been held that petitioner’s next slab ought to have been fixed at Rs. 2000-3500/- i.e. Rs. 2240/- and wrongly his pay has been fixed at Rs. 2300/-. For rejecting the claim of the petitioner no valid reason has been assigned as to why claim of the petitioner for fixation of his pay at Rs. 2450/- should be rejected. So far the application of Rule 22( c) of Patna High Court CWJC No.1546 of 2009 (6) dt.13-10-2011 P9 o/12/12 9 the Fundamental Rules in the case of the petitioner is concerned, that is completely erroneous as his case is completely covered under Sub para 3 of para 7 of Finance Department Resolution dated 18.12.1989. Sub Para 3 of Para 13 of Finance Department resolution dated 18.12.1989 provides that those teachers who have received promotion in the Junior Selection Grade and first time bound promotion after 1.1.1986 but before 1.3.1989, shall be given the benefit of promotion for the purpose of fixation of their pay in the revised scale with effect from the date they have received promotion or the date on which they completed 12 years of service, whichever is later. Petitioner was given first time bound promotion on 12.10.1987, i.e. after 1.1.1986 but before 1.3.1989 and had also completed 12 years of service on 12.10.1989. In the facts and circumstances the petitioner’s case was fully covered under Sub- Clause III of Clause 13 of the Patna High Court CWJC No.1546 of 2009 (6) dt.13-10-2011 P10 o/12/12 10 Finance Department Resolution dated 12.10.1989. Thus he was entitled for fixation of his salary in the revised pay scale with effect from 12.10.1989, i.e. the date when he completed 12 years of his service. The respondent no.2 took a wrong decision in the case of the petitioner on account of pendency of contempt application and a direction of this Court regarding his personal appearance, due to non- compliance of the direction in the writ application. I find that fundamental Rule 22© would shave been made applicable in case of such Assistant Teachers, who had only completed ten years as trained graduate on 1.3.1989 and afterwards. But the petitioner had completed ten years trained graduate service on 12.10.1987 and completed 12 years on 12.10.1989 and after giving weightage of 12% on the basic scale, he was entitled for fixation of his salary at Rs. 2450/-. So far fundamental Rule 22( C) as Patna High Court CWJC No.1546 of 2009 (6) dt.13-10-2011 P11 o/12/12 11 provided under Clause 6 and 7 of Para 13 of Finance Department Resolution dated 12.10.1989 is concerned, has no application in the case of the petitioner. Accordingly, the impugned order dated 1.8.2007 contained in letter No. 517/Vidhi by the respondent no.2 is quashed. Respondent no.2 is directed for fixation of petitioner’s pay scale at the rate of Rs. 2450/- with effect from 12.10.1989 as per resolution No. 3/PAR-01/389- 60 22 (F (2) dated 18.12.1989 of the Finance Department, Government of Bihar, Patna. Petitioner should be paid arrears of his salary on account of revised fixation of his salary at Rs. 2450/- with effect from 21.10.1989. Respondents are further directed to re-fix petitioner’s pension and pensionary benefit in the revised scale and make payment of arrears of pension to the petitioner. Respondent will pass necessary orders and make payment of entire arrears of Patna High Court CWJC No.1546 of 2009 (6) dt.13-10-2011 P12 o/12/12 12 salary/pension to the petitioner within twelve weeks from the date of presentation/communication of this order. Arun Kumar/- (Mridula Mishra, J)