IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7959 of 2006 Ram Baran Singh, Son of Late Fagu Singh, resident of Village- Bhuapur, Police Station-Bakhtiyarpur, District-Patna ---------------------- Petitioner Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum-Secretary, Human Resources Department, govt. of Bihar, Patna 3. Director, Primary Education, Bihar, Patna 4. District Superintendent of Education, Patna 5. Accountant General, Bihar, Patna ---------------- Respondents. ----------- 04 11-03-2011 Heard Sri Pramod Kumar, learned counsel for the petitioner and Sri Dhurjati Kumar Prasad, learned Govt. Pleader no.7. The petitioner, who superannuated with effect from 31.7.1998 as Assistant Teacher from Middle School Alawalpur in the district of Patna, has mainly prayed for directing the Respondents to make payment of full pension, gratuity and leave encashment on the basis of B.A. Trained Scale with effect from the year 1985 and also for grant of A.C.P. Learned counsel for the petitioner submits that the petitioner was already granted Scale of B.A. trained by order contained in Memo No.7129 dated 6.6.1991 issued by the District Superintendent of Education, Patna ( Annexure-3). It was submitted that the said order was never cancelled by any specific order and, as such, the petitioner was entitled to get his pension on the basis of B.A. Trained Scale. In this case, a counter affidavit has been filed on 2 behalf of Respondent no.4, i.e. the District Superintendent of Education, Patna. In its counter affidavit, a specific plea has been taken that the then District Superintendent of Education, namely, Sri Prem Shankar Srivastava had granted several illegal promotion as well as granted I.A. trained and B.A. trained Scale to number of teachers, which has caused huge loss to the Government. Subsequently, Sri Prem Shankar Srivastava , the then District Superintendent of Education, Patna was put under suspension and a committee was duly constituted to examine the irregularity and illegality committed by such Officer in granting such promotion and also to ascertain the loss caused to the Government. It was submitted by learned Govt. Pleader No.7 that all such orders, which were issued by the then District Superintendent of Education, Patna were cancelled by a general order vide Annexure-1 to the Counter affidavit. In the counter affidavit, it has further been stated that final pension was authorized to the petitioner. I have also perused the materials available on record. In paragraph-10 of the writ application, a specific averment has been made by the petitioner that Annexure-3, i.e. order granting B.A. trained scale to the petitioner was never implemented. Meaning thereby that the petitioner, while invoking writ jurisdiction of this Court, is making a prayer to pass an order for implementing Annexure-3, which was passed long back in the year 1991 and never implemented. The petitioner superannuated in the year 1998. It is also not in dispute that the petitioner had earlier never 3 approached any authority for implementing Annexure-3. The Court is of the opinion that the order, which was passed in the year 1991 and noticed by the Committee as illegal and was earlier never implemented, cannot be directed to be implemented by this Court. I do not find that any relief can be granted to the petitioner in view of statement made in the counter affidavit. The writ application stands rejected. NKS/- ( Rakesh Kumar,J.)