IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.102 of 2009 KAMLESHWAR PRASAD THAKUR, SON OF LATE BAIDYANATH THAKUR, RESIDENT OF VILLAGE – MADHUBANI, P.O. – PATAHI, P.S. – SADAR, DISTRICT – MUZAFFARPUR …………………….. PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, MUZAFFARPUR THROUGH THE CHAIRMAN 3. THE DISTRICT MAGISTRATE, MUZAFFARPUR-CUM- CHAIRMAN, THE DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, MUZAFFARPUR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR 5. THE TREASURY OFFICER, MUZAFFARPUR 6. THE PROVIDENT FUND OFFICER, MUZAFFARPUR 7. THE AREA EDUCATION OFFICER, KANTI, DISTRICT- MUZAFFARPUR 8. THE ACCOUNTANT GENERAL, BIHAR, PATNA …………… RESPONDENTS ----------- 04. 29.07.2011 Heard learned Counsel for the petitioner and the State. Petitioner was appointed as Assistant Teacher and joined his service on 12.02.1971. He superannuated from his service on 31.01.1998 on completion of 27 years of his service, while working in Middle School, Shyampur Bhojan, Anchal-Kanti-1, District-Muzaffarpur. Petitioner’s case is that during his service period, there was no adverse remark against him, neither he faced any Departmental or Judicial Proceeding. The State Government, accepting the 4th Pay Revision Committee’s report, issued instruction to all concerned and the Resolution No. 10770, dated 30.12.1981 had been issued for granting time-bound- promotion to the employees, who had not been granted 2 junior and senior selection grade scale. Petitioner was granted first time-bound-promotion with effect from 01.04.1981. The Finance Department of the State Government issued Resolution No. 6022, dated 18.12.1989, whereby the pay-scale of the Teachers was revised. Petitioner’s case is that in the light of the resolution of the Finance Department, bearing no. 6022, dated 18.12.1989, he became entitled for selection grade pay-scale in terms of clause 2 of the resolution. The Finance Department’s resolution provides that Teachers, who have been allowed first time-bound- promotion or junior selection grade promotion and have completed 12 years of service on 01.01.1986, will be entitled for fixation of their salary in the selection grade, with effect from the date they completed 12 years of service. Petitioner had been allowed first time-bound- promotion on 01.01.1981 and he completed 12 years of his service in the year 1983 itself. Petitioner’s case is that in any circumstance, he became entitled for the selection grade pay-scale with effect from 01.01.1986. Counsel for the petitioner submits that a panel of Teachers was prepared by the District Superintendent of Education, Muzaffarpur in view of the Finance 3 Department’s resolution, in which name of all such Teachers, who were entitled for such benefits was included. They were also allowed this benefit, but the petitioner was singled out. His case was not considered. Petitioner represented his case before the authorities on several occasions even before and after his retirement, but it has not been allowed to him. Counter Affidavit has been filed on behalf of District Superintendent of Education, Muzaffarpur, Respondent No. 4. Along with the Counter Affidavit, a notification of Human Resources Development Department, Government of Bihar, Patna has been annexed as Annexure – A, in which also the stand taken by the petitioner has been mentioned at clause-2. This notification supports the case of the petitioner. But in para 6 of the Counter Affidavit, without assigning any reason, it has been stated that the petitioner is not entitled for selection grade pay-scale, since he superannuated on 31.01.1998. The letter no. 36, dated 08.01.2007 of Director, Primary Education provides the benefits of selection grade scale for Teachers like petitioner with effect from 01.04.1998. The document, which has been annexed in support of this claim is completely in contradiction of the statement in para 6 of 4 the Counter Affidavit. Annexure – A fully supports the claim of the petitioner. In this view of the matter and considering the contrary statement in the Counter Affidavit, which is not supported by the document as annexed as Annexure –A, the prayer of the petitioner relating to grant of selection grade pay-scale with effect from 01.01.1986 can not be denied. The prayer of the petitioner is allowed. Respondents are directed to allow this benefit to the petitioner with effect from the date it has been allowed to other similarly situated persons or with effect from 01.01.1986. On account of grant of senior selection grade pay-scale, the Respondents will have to re-fix the pension and pensionary benefits of the petitioner and to make payment of arrears of salary, arrears of pension and other pensionary benefits in the revised pay-scale. In the Counter Affidavit there is statement that already a direction has been issued to the District Superintendent of Education, Muzaffarpur to take necessary action for providing calculation chart to the petitioner and to make payment of remaining amount of GPF, that must also be paid to the petitioner. Respondent Authorities will take steps for allowing all these benefits to the petitioner and will comply the direction of this Court within three 5 months from the date of production / communication of this Order. Accordingly, this Writ Application is allowed. SKM (Mridula Mishra, J.)