CIVIL WRIT JURISDICTION CASE No.4275 OF 1996 In the matter of an application under Articles 226 and 227 of the Constitution of India. … SMT.MALTI PANDEY, wife of Sri Phanindra Nath Pandey, village and PO Bariari, PS Sangrampur, Dist. East Champaran, at present posted as Headmistress, Girls Middle School, Sangrampur, PS Sangrampur, Dist. East Champaran.. .. Petitioner. Versus 1.STATE OF BIHAR, 2. The Director, Primary Education, Bihar, Patna. 3. Regional Dy. Director of Education, Bihar, Patna. 4. District Supdt. Of Education, East Champaran, Motihari. 5. Deputy Inspector of School, Chakia, East Champaran. 6. Treasurry Officer, East Champaran, Motihari .. .. Respondents. For The Petitioner :A.B.OJHA, Advocate. P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A.Khan,J. The petitioner who was working as headmistress in Middle school, Bariari has filed this writ petition challenging the order, dated 15.1.1996, contained in Annexure 14, issued by the Director, Primary Education, Bihar by which the petitioner’s claim for grant of pay scale of headmistress has been rejected on the ground that the petitioner did not have the required qualification of a headmistress as per the rules formulated in 1993. 2. The facts giving rise to the filing of this writ petition is that the petitioner was working as an headmistress in Middle School, Bariari. The school was taken over by the State Government in the year, 1971. At the time of take over of the school the petitioner was Intermediate Trained. After the Take Over of the school by the State Government, the petitioner continued to perform her duty as a 2 headmistress. She was also the Drawing & Disbursing Officer. 3. In the year 1995 the petitioner came to this court in a writ petition and made a prayer that the respondents be directed to pay her the salary as a headmistress. The matter was remanded by this court for consideration to the Director, Primary Education. 4. From the pleadings it appears that the petitioner continued to work undisturbed as a Headmistress right up to her retirement. During the course of her service career she was given her due increments on the basis of the length of her service and also on the basis of her qualification as I.A. trained. The petitioner, however, did not claim the pay scale of Headmistress since the time the school was taken over, even though she worked for several years on the said post. 5. It is not disputed that rules were subsequently framed which prescribe the qualification for headmaster/headmistress of a middle school; at the time when the school was taken over the qualification of Headmaster/Headmistress was Intermediate trained. The State authorities had the power to post or transfer any person as a headmaster in such school keeping in mind the qualification required for holding such a post. The petitioner, however, was not disturbed and she continued to work as headmistress. Subsequently in the year 1992 the petitioner is said to have passed Sahitya Alankar from Deoghar Hindi Peeth with English and as such according to the petitioner she had obtained the qualification of B.A. trained. 6. Learned counsel for the petitioner strenuously argued that the petitioner should be paid the salary of a headmistress 3 in view of the fact that she had performed the duties of a headmistress. The scale of pay of a headmistress is different from the scale of pay of an Assistant teacher who is only I.A. trained or B.A. trained. The scale of pay is granted keeping in view the qualification of the person and the vacancy available on the post and as such merely because the petitioner was allowed to continue to work as a headmistress, it cannot be said that she would be granted the same scale as that of a headmistress or a person who is graduate trained or post graduate trained for the simple reason that the petitioner does not have the required qualification for the post of Headmaster. 7. At this stage learned counsel refers to letter no. 1506, dated 12.5.1970 which deals with the subject of grant of pay scale to headmasters who are working in schools which were run by the District Board. The letter envisages that such persons who were working as headmasters / headmistresses before 10.7.1969 would be entitled to grant of scale of pay in accordance with the qualification as and when acquired without waiting for approval of the Directorate of Public Instructions. On the basis of the aforesaid letter it is submitted that since the petitioner has now become graduate, she should at least be granted the scale of graduate trained. 8. I find some force in the contention raised on behalf of the petitioner and taking into account letter no. 1506, dated 12.5.1970, this court directs that the Director, Primary Education, Bihar, Patna should act in accordance with the aforesaid letter and grant the petitioner the scale of graduate trained on production of the required 4 documents by the petitioner. The petitioner should produce a copy of this order and the documents showing her qualification and the Director, Primary Education, Bihar, Patna shall pass necessary orders on the grievance of the petitioner within two months after production of the relevant documents by the petitioner. This writ petition stands disposed of with the aforesaid observations and directions. Patna High Court, November 10,2008, N.A.F.R. / haque. (Sheema Ali Khan, J.)