IN THE HIGH COURT OF JUDICATURE AT PATNA MJC NO.2496 OF 2009 BINDESHWARI PRASAD YADAV, SON OF SHRI SUNDAR YADAV, RESIDENT OF VILLAGE LAKSHMIPUR, POST OFFICE SINGHCHAK, POLICE STATION SURYAGARHA, DISTRICT LAKHISARAI. AT PRESENT POSTED AND WORKING AS AN ASSISTANT TEACHER IN GOVERNMENT PRIMARY SCHOOL BASMATIA, ANCHAL LAKHISALRAI-II, DISTRICT LAKHISARAI VERSUS 1. THE STATE OF BIHAR 2. SHRI ANJANI KUMAR SINGH, THE COMMISSIONER AND SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. SHRI NAVIN KUMAR, THE COMMISSIONER AND SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. SHRI RAHUL KUMAR, DEPUTY SECRETARY, FINANCE (PAY FIXATION) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 5. SHRI ANJANI KUMAR SINGH, PRIMARY AND ADULT EDUCATION, BIHAR, PATNA 6. SHRI ASHUTOSH, THE DIRECTOR, PRIMARY AND ADULT EDUCATION, BIHAR, PATNA 7. SHRI BHINGU NATH UPADHYAY, SPECIAL DIRECTOR, PRIMARY AND ADULT EDUCATION, BIHAR, PATNA 8. SHRI RAJ MUKUL, THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, MUNGER DIVISION, MUNGER 9. SHRI DINESH CHAUDHARY, THE DISTRICT SUPERINTENDENT OF EUDCATION, MUNGERI 10. SHRI RAM SAGAR SINGH, THE DISTRICT SUPERINTENDENT OF EDUCATION, LAKHISARAI 11. SHRI PREM KUMAR JHA, DISTRICT MAGISTRATE, LAKHISARAI 12. SHRI RAJEEV RANJAN SINGH, THE DEPUTY DEVELOPMENT COMMISSIONER -CUM- CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, LAKHISARAI 13. SHRI VISHWANATH PASWAN, THE DISTRICT TREASURY OFFICER, LAKHISARAI 14. SHRI NEEL KAMAL, THE DISTRICT ACCOUNTS OFFICER, MUNGER …………………………………………………RESPONDENTS/OPPOSITE PARTIES ********* 5 27/01/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This Court has directed to consider the case of the petitioner in terms of this Court’s order interpreting the resolution dated 18.12.1998 passed in 2 CWJC No. 8333 of 1999. The Director, Primary Education has issued memo no. 1819 dated 23.11.2009 by which he has rejected the claim of the petitioner by a reasoned order. Counsel for the petitioner challenges the reasonings given by the Director, Primary Education submitting that on the basis of a wrong interpretation of the Accounts Officer, the petitioner has been granted a lower scale. As far as the order of this Court is concerned, it cannot be said that the Director has not passed the order in compliance of the directions of this Court. In view of that aforesaid facts, this application is disposed of with liberty to the petitioner to challenge the decision of the Director, Primary Education dated 23.11.2009, if so advised. Anand ( Sheema Ali Khan, J.)