IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5101 of 2002 HARISCHANDRA JHA 'HARI', S/O LATE UDAY KANT JHA, R/O VILLAGE-GHANSHYAMPUR, P.S.- GHANSHYAMPUR, DISTRICT-DARBHANGA. …………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, PRIMARY AND ADULT EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT BUILDING, PATNA. 2. THE DIRECTOR, PRIMARY AND ADULT EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT BUILDING, PATNA. 3. THE DEPUTY DIRECTOR, PRIMARY AND ADULT EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIATE BUILDING, PATNA. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA. 5. THE ACCOUNTANT GENERAL, BIRCHAND PATEL MARG, PATNA. ………………RESPONDENTS. ----------- 3 03.03.2010 It appears that by order dated 18.01.1982, issued under the signature of District Superintendent of Education, Darbhanga (Annexure-1), petitioner was promoted in the scale of I.A. trained with effect from 01.03.1980 and was posted in a school. Due to retrospective promotion, some anomalies cropped up in respect of grant of 12% benefit in the promotional scale and also grant of selection grade scale. From Annexures 2 and 3, it appears that this matter was referred to by the respondent District Superintendent of Education, Darbhanga to the Director, Primary Education and upon his 2 instructions, two similarly situated teachers, namely, Shivji Sah and Jateshwar Thakur were given benefit on counting their services, as directly appointed in the I.A. trained scale from the date of issue of the order. The petitioner thereafter filed a representation which is contained in Annexure-4. His case having not been considered, he filed this writ application. Learned counsel for the respondents submits that the petitioner has also been given same benefit by letter no. 981 dated 9.3.2002 issued from the office of the respondent District Superintendent of Education, Darbhanga on the lines the same was granted to the said teachers. He points out that by the said letter no. 981 dated 9.3.2002; orders have been issued to the Area Education Officer for re-fixation of the pay of the petitioner and submit the same for release of consequential benefits. However, learned counsel for the petitioner submits that consequential benefits, pursuant to the said letter, have not yet been paid to the petitioner. In the circumstances, this writ 3 application is disposed of with a direction to the respondent District Superintendent of Education, Darbhanga to ensure re-fixation of the pay scale of the petitioner and payment of his consequential benefits, pursuant to his said order contained in letter no. 981 dated 9.3.2002, preferably within a period of three months from the date of receipt/production of a copy of this order. With the above observations and directions this writ application is disposed of. Arvind/ (J. N. Singh, J.)