IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5896 of 1998 Narayan Prasad Sinha, (retired Headmaster) son of late Ram Sundar Prasad Sinha, permanent resident of village & P.O. Bhadar, District Khagaria, residing at present in East Jaganpur, Khankarbagh, P.O. Dharwa, Patna- 8000 020 … Petitioner Versus 1. The State Of Bihar, through the Secretary to Govt. of Bihar, Department of Secondary, Primary and Adult Education, New Secretariat, Patna 2. The Director, Primary Education, New Secretariat, Patna 3. The District Superintendent of Education, Khagaria 4. The Under Secretary to Govt. Finance Deptt. (Pay Fixation Section), Govt. of Bihar, Patna 5. The District Accounts Officer, Khagaria 6. The Accountant General (Audit & Estt.)- II, Bihar, Patna … Respondents ----------- 5. 26.7.2011 No one appears for the petitioner. Counsel for the State is present. The petitioner, who entered in service on 3.2.1951 could realize after 47 years that his pay fixation right from 1981 was not made as per Rules and Regulations as also different Resolutions of the Finance Department revising the pay scale of the post of teachers. Consequently the petitioner had filed this writ application on 22.7.1998 for the following relief: “A. Rule NISI for issuance of an appropriate writ or a writ of, or, in the nature of a writ of certiorari commanding upon the 2 respondents to show cause before this Hon’ble Court as to why the discrepancies resulting from wrong fixation of pay at different stages, which in consequence has caused less payment of monthly salary affecting adversely pension and all other retiral benefits such as retirement gratuity, commutation value and cash equivalent earned leave, be not ordered to be set right commanding revision and refixation of petitioner’s basic pay right from 1.4.1981, being the stage at which discrepancy at first took place in course of fixation of pay in the time scale of Rs. 940- 40-1500-EB-40-1660/. B. Rule NISI for issuance of an appropriate writ or a writ of or in the nature of a writ of mandamus commanding upon the respondents to immediately and forthwith set right the errors at each point of time to reconcile the discrepancies so as to effect payment of all dues correctly and promptly on account of less payment of monthly salary, pension, retirement gratuity, commutation value of 1/3rd of basic pension, besides cash equivalent leave in lieu of earned leave due at the credit of the petitioner at the time of his retirement as on 31.1.1988.” 3 This Court would find that the petitioner had retired from service on 31.1.1988 and as per own admission of the petitioner in the supplementary affidavit he was also granted his full retirement benefit by treating his last salary to be of Rs.2800/-. The petitioner happily drew such retirement benefit for next ten years before filing this writ application seeking his pay revision right from 1981 on the ground that such pay fixation was not made strictly in accordance with the provisions made in different resolution of Pay Revision Committee. This aspect of the matter, however, has been clarified by the respondents in the counter affidavit wherein it has been stated that subsequent to retirement of the petitioner his grievances were reconsidered and his entire pay fixation was made according to which his last pay became Rs. 2900/- in stead of Rs. 2800/-. To that extent paragraph no.8 of the counter affidavit being relevant is quoted hereinbelow: “8. That the aforesaid amendment consequently affected the further pay scale of the petitioner which 4 have also been amended by order dated 20.2.96. The pay position of the petitioner after the amendment dated 20.2.96 is as follows:- (a)On 1.4.80 was placed in the scale of Rs.415-745 giving due weightage 605/- (b)On 1.4.81 was placed in the revised scale of 850-1360 as per recommend -ation of 4th pay revision 1180/- (c)On 1.4.81 was placed in the promotional sacle of 940-1660 giving the benefit of junior selection grade 1340/- (d)On 1.1.86 was placed in the revised scale of 2200-4000 as per recommend -dation of 5th pay revision 2725/- (e)On 1.4.86 pay to be fixed at the next higher stage 2800/- (f)On 1.4.87 2900/- (g)On 1.1.88 2900/- Superannuated on 31.1.88 The amended orders of pay fixation dated 20.2.96 in terms of 4th pay revision and junior selection grade has already been annexed as Annexures 2 and 3 to the main writ application.” It would thus become clear that whatever was admissible to the petitioner in terms of pay revision was already extended to him and his further grievance for another refixation so that his last pay could become 5 Surendra/ 3100/- as on 1.1.1988 seems to be wholly misconceived. This part of the aspect has been clarified in paragraph 9 of the counter affidavit by the respondents who have stated that the teachers placed in Junior Selection Grade prior to 1.1.1996 were entitled to the pay scale of Rs. 940-1600 which was substituted by the pay scale of Rs.2200-4000 in view of the report of 5th Pay Revision Committee as accepted by the Government. Consequently the grievance of the petitioner that first he ought to have been placed in the pay scale of Rs. 1800-3300 which was never the pay scale of the post of teacher seems to be wholly misconceived. Be that as it may, this Court does not find any merit in this application, inasmuch as a stale claim has been sought to be raised not only after ten years of the retirement of the petitioner but also after the things were allowed to settle down by making full and final payment of retirement benefit. That being so, this application is wholly misconceived and is accordingly dismissed. (Mihir Kumar Jha,J.) 6