IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.267 of 2008 Suresh Tiwari, S/O Late Rameshwar Tiwari, resident of Mohalla Maharani Road, New Godown, P.S. Kotwali, District- Gaya and at present residing at Sarainand Khojma, House No.N14/114- 4B, Varanasi (Uttar Pradesh) …………. Petitioner Versus 1.The State Of Bihar through the Director, Secondary Education, Government of Bihar, Human Resources Department, Secondary Education Office, Budh Marg, Patna-1 2.Director, Secondary Education, Human Resources Department, Govt. of Bihar, Secondary Education Office, Budh Marg, Patna-1 3.District Education Officer, Gaya …………… Respondents ----------- For the Petitioner : M/s Suraj Narain Yadav and Saroj Kumar, Adv. For the State : Manoj Kumar Sinha, A.C. to G.P.1 ----------- 2. 26/08/2010 Petitioner in this case has challenged the order passed by the Director, Secondary Education contained in Memo No.832 dated 8.11.2007 (Annexure-5), by which representation of the petitioner filed in terms of the order passed by this Court in C.W.J.C.No.6697 of 2000 has been disposed of denying his claim for grant of Post Graduate Scale. As per case of the petitioner, he was appointed in the School on 14.10.1968 when the School was under private management recognized by the Government. At that time, he was having qualification of B.Sc. Part-1 and 2 Sahityalankar. The Management Committee of the School by resolution dated 24.3.1977 resolved to grant Post Graduate Trained Scale to the petitioner. Subsequently, petitioner acquired qualification of B.Sc. (Hons) in 1980. The School was also taken over in 1980 and his services were taken over. Petitioner continued in service and has superannuated with effect from 28.2.2004. Since he had not been granted due scale of pay, he filed said writ application before this Court. While disposing of the said writ application by order dated 12.1.2007 (Annexure-4), this Court found that the prayer of the petitioner made in paragraph-1 thereof stood redressed. However, it was submitted on behalf of the petitioner that he was entitled to B.A.(Hons) scale for which petitioner was intending to file a representation. In the circumstances, this Court disposed of the writ application with a direction to respondent no.2 i.e. Director, Secondary Education to dispose of the representation of the petitioner, if filed within three weeks, within a period of six months thereafter. Representation thus filed has been disposed of by the impugned order. 3 From the impugned order it appears that with effect from 1.4.1978, scale of Assistant Headmaster, Post Graduate scale, selection grade scale and trained graduate scale were merged and 20% posts of total strength of teachers were earmarked for selection grade scale. Therefore, it has been found in the impugned order that the petitioner was not entitled for any separate Post Graduate Trained Scale. This Court does not find any error in the said finding of respondent no.2. Learned counsel for the petitioner submits that the Managing Committee had already resolved on 26.7.1972 to grant Post Graduate Trained Scale to the petitioner and therefore, at least from 26.7.1972 till 1.4.1978 said Post Graduate Trained Scale should have been granted to the petitioner. This Court is unable to accept the submission of learned counsel for the petitioner for three reasons. Firstly, any resolution of the Managing Committee when the School was being run by the private management is not binding on the State Government. Entitlement of the teachers whose services are to be taken over has to be fixed as per 4 Government Rules and Regulations and not as per resolution of the Managing Committee passed prior to take over of the school. Secondly, such claim of the petitioner is too stale to be entertained after his superannuation. After 28 years of passing of the Resolution of the said Managing Committee, petitioner approached this Court for the first time. Even if it is taken into account that the claim of the petitioner arose for the said scale after take over of the school i.e. after 1980, still, the first writ application filed by the petitioner was delayed by 20 years. Lastly, entitlement of petitioner for grant of admissible scale has to be considered as on the date of take over of the school on which date no separate scale for Post Graduate Trained was available in the Government Rules and Regulations and the same had already been merged with other scales as noticed above. In the circumstances, this Court does not find any merit in this writ application and the same is accordingly dismissed. Pradeep/ ( J. N. Singh,J.)