IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5361 of 2005 KUNTA DEVI Versus THE STATE OF BIHAR & ORS ----------- 13 30.04.2010 Heard Mr. Umesh Kumar Mishra, learned counsel for the petitioner, Mr. Prabhakar Tekriwal, learned G.A.1 for the State and Mr. Ravi Verma, learned J.C. to Mr. Sanjay Kumar, counsel representing the Accountant General. The writ petition was filed seeking inter alia a direction to the respondent authorities for making the pensionery benefits to the petitioner who superannuated while posted as Assistant Teacher in the Government Primary School, Dhaneja, Anchal Nawa Nagar, district-Buxar with effect from 31.5.2003. The petitioner was appointed as an Assistant Teacher on 20.6.1963 and improved her educational qualification by acquiring a matriculate qualification on 20.8.1971 and a certificate to that effect has been issued by the Hindi Sahitya Sammelan Prayag (Annexure-1). The petitioner was granted matriculation trained scale vide memo No. 2928 dated 4.6.1981 with effect from 20.4.1979 and which fact is evident from the relevant extract of service 2 book placed at Annexure-2. Subsequently, the District Superintendent of Education, Buxar issued another office order bearing memo No.1305 dated 29.12.1999 by which the petitioner was granted matric trained scale with effect from the date on which she obtained the matric qualification i.e. 20.8.1971. The petitioner superannuated with effect from 31.5.2003. During the course of finalization of the pension of the petitioner, an objection was raised as regarding the grant of the matric trained scale to the petitioner. A counter affidavit was filed on behalf of the State on 18.3.2009 mentioning therein that on the basis of the objection raised by the Accountant General vide letter dated 17.9.2003, the issue was enquired and an order bearing memo No. 219 dated 31.3.2009 (Annexure-5) was passed cancelling the order bearing No. 1305 dated 29.12.1999 whereby the petitioner was granted matric scale with effect from 20.8.1971. The said order was followed by another order bearing memo No. 222 dated 31.3.2009 (Annexure-6) cancelling the time bound promotion. By a third order passed by the District Superintendent of Education, Buxar on 3 31.3.2009 (Annexure-7) the excess salary drawn by the petitioner by reason of such incorrect fixation/grant of scale, was directed to be recovered subject to the decision of this Court in the present proceedings. The orders aforesaid was brought on record by the petitioner by filing an interlocutory application bearing I.A. No. 3381 of 2009 and which was considered by a Bench of this Court on 21.5.2009 when learned counsel for the petitioner sought permission to withdraw the said interlocutory application for assailing the legality and validity of the said orders in an appropriate proceedings. In that view of the matter, this Court by order dated 21.5.2009 dismissed the interlocutory application as withdrawn. In view of the aforesaid development, the present proceedings stands limited to the issue of payment of post retiral benefits. As indisputably the admissible amounts towards the post retiral and other dues of the petitioner has since been paid, there remains no dispute on this score also. In such situation, nothing survives for adjudication in the present proceedings and the same is disposed of with a 4 liberty to the petitioner to assail the validity of the orders placed at Annexure-5, 6 and 7 by filing an appropriate application before an appropriate forum. Bibhash ( Jyoti Saran, J.)