IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5633 of 2007 Shoaib Ansari, SON OF LATE MD. TAIYEB ANSARI, PERMANENT RESIDENT OF CHOTI PALI, P.S.- NARHAT, DIUSTRICT- NAWADA, PRESENTLY WORKING AS LECTURER IN PRIMARY TEACHERS EDUCATION COLLEGE, NOORSARAI, IN THE DISTRICT OF NALANDA :---PETITIONER. Versus 1. The State Of Bihar 2. SECRETARY, DEPARTMENT OF EDUCATION, NEW SECRETARIAT, GOVERNMENT OF BIHAR, PATNA. 3. DIRECTOR, PRIMARY EDUCATION, NEW SECRETARIAT, GOVERNMENT OF BIHAR, PATNA. 4. SCHOOL INSPECTORESS-CUM-DEPUTY EDUCATION DIRECTORESS, GOVERNMENT OF BIHAR, PATNA, NEAR DAKBUNGLOW CHAURAHA, PATNA. 5. PRINCIPAL, PRIMARY TEACHERS TRAINING COLLEGE, NOORSARAI, IN THE DISTRICT OF NALANDA :--- RESPONDENTS. ---------------------------------- 2. 16.11.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the instruction of the School Inspectoress-cum- Deputy Director, Education, contained in Letter No. 704 dated 2nd April, 2007, Annexure-1, reducing his scale to Rs. 5500- 9,000/- with effect from 1.1.1996 on the ground that scale admissible to the Lecturers serving Women’s Primary Teachers Training College is Rs. 5500-9,000/- with effect from 1.1.1996. 3. Counsel for the petitioner is assailing the said order on the ground that petitioner was appointed as Principal of Basic 2 School pursuant to Advertisement No. 5/88 issued by the Bihar State Subordinate Service Selection Board in the scale of Rs. 1600- 2780/- under notification of the Government dated 4.3.1991, Annexure-2 vide Serial No. 455 at Basic School, Shahpur (Madhubani). Later petitioner was transferred as Lecturer to Women’s Primary Teachers Training College, Noorsarai, Nalanda. Before his transfer as Lecturer and issue of the impugned letter dated 2nd April, 2007 he was being paid salary in the scale of Rs. 6500-10,500/- which has been reduced to Rs. 5500-9,000/- with effect from 1.1.1996 and recovery in the light of the order impugned letter dated 2nd April, 2007 is also being made from him. It is submitted on behalf of the petitioner with reference to the resolution of the Finance Department dated 8th February, 1999 that in terms of the recommendations of the 5th Pay Revision the scale admissible to the Principal of the Basic School is Rs. 6500-10,000/- as would appear from Item No. 11 at internal page 102 of the resolution dated 8th February, 1999. It is submitted with reference to Item No. 11 of 3 resolution dated 8th February 1999 that the order passed by the Inspectoress- of School- cum-Deputy Director under letter dated 2nd April, 2007, Annexure-1 reducing the scale from Rs. 6500-10,500/- to Rs. 5500-9,000/- is contrary to the resolution of the Government dated 8th February, 1999 and as the order issued by the Inspectoress of school dated 2nd April, 2007, Annexure-1 is contrary to Item No. 11 of resolution of the Government dated 8th February, 1999, Annexure-4, the same is required to be quashed. In this connection learned counsel for the petitioner submitted that petitioner was appointed as Principal of the Basic School he may function as Lecturer in the Primary Teachers Training College but the scale admissible to the Principal is payable to him and cannot be reduced. 4. Counsel for the State has opposed the prayer by filing counter affidavit but the counter affidavit does not deal with the submission noted above. Counsel for the State, however, submitted that in terms of the recommendation of the Fitment Committee 4 option was to be exercised by the serving Principals of the Basic School as to whether they shall continue as Principal or will like to be posted in the Inspecting Branch. Had the petitioner given such option he would have been allowed replacement scale of Rs. 6500- 10,500/- but on account of the failure of the petitioner to exercise option he was transferred as Lecturer of Primary Teachers Training College and the scale of the Lecturer of the Primary Teachers Training College i.e. Rs. 5500-9,000/- is being paid to him. 5. From the resolution of the Finance Department dated 8th February, 1999 it does not appear that any option was called for from the serving Principals of the Basic School about their being continued as Principal or being transferred to the Inspecting Branch. In the circumstances, I am satisfied that instruction of the Inspectoress of school contained in Letter No. 704 dated 2.4.2007, Annexure-1 to reduce the scale of the petitioner from Rs. 6500-10,500/- to Rs. 5500-9,000/- with effect from 1.1.1996 is contrary to the resolution of the Government 5 dated 8.2.1999, Annexure-4 and is, accordingly, quashed. While quashing the instruction dated 2nd April, 2007 this Court will observe that if any option is to be taken from the petitioner in terms of any other resolution of the State Government then petitioner is directed to furnish such option within a reasonable time of the production of this order before the competent authority. Any recovery made from the salary of the petitioner pursuant to the letter dated 2nd April, 2007 be restored to the petitioner, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the competent authority. 6. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)