IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13466 of 2009 AJAY KUMAR DIWAKAR S/O LATE DOMAN PANDIT VILL- MANSERPUR, P.O. PAHARPUR, VIA LAKHMINIA, P.S. BALIA, DISTT. BEGUSARAI, AT PRESENT POSTED AND WORKING AS AN ASSISTANT TEACHER IN GOVT. MIDDLE SCHOOL-BALIA, ANCHAL- BALIA, DISTT. BEGUSARAI. ….. PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY, FINANCE DEPTT., GOVT. OF BIHAR, PATNA 4. THE DEPUTY SECRETARY, FINANCE (PAY FIXATION) DEPTT., GOVT. OF BIHAR, PATNA 5. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 6. THE DISTRICT MAGISTRATE, BEGUSARAI 7. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, BEGUSARAI 8. THE DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARAI 9. THE DISTRICT TREASURY OFFICER, BEGUSARAI 10. THE DISTRICT ACCOUNTS OFFICER, BEGUSARAI 11. THE HEADMASTER CUM DRAWING AND DISBURSING OFFICER OF GOVT. MIDDLE SCHOOL BALIA, ANCHAL- BALIA, DISTT. BEGUSARAI …… RESPONDENTS. FOR THE PETITIONER : - MR. UMESH KUMAR MISHRA, ADVOCATE. FOR THE STATE : - G.A. 10. ----------- 02/ 08.01.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for a direction to the District Superintendent of Education, Begusarai to give him matric trained scale with effect from 16.10.1973 i.e. the date of joining in Upper Primary School Railway, Sahebpur Kamal, instead of with effect from 1.4.1975. This prayer has been made as similar benefit has been allowed to similarly situated teachers. Initially the petitioner was appointed on - 2 - fixed stipend of Rs.150/- per month by the District Superintendent of Education, Begusarai. Subsequently in terms of government decision contained in 7960 dated 23.10.1975 he started getting the salary in the regular scale with effect from 1.4.1975. Petitioner’s case is that one Yogendra Raut had filed a writ application before this Court vide C.W.J.C. No. 3633 of 1994 for a direction to reckon his seniority with effect from 9.11.1973 i.e. the date of his initial appointment and the writ application was allowed holding that since initial appointment was made according to the prescribed procedure, there was no reason for denying the benefit of continued officiation and seniority. A direction was issued to the respondents to treat Yogendra Raut as an appointee from 9.11.1973 and also to allow consequential benefits in accordance with law. Petitioner has already represented his case before the District Superintendent of Education, Begusarai, for allowing him similar relief. This application is being disposed of directing the District Superintendent of Education, Begusarai to examine the claim of the petitioner in the light of the earlier judgment - 3 - passed in C.W.J.C. No. 3633 of 1994 as well as subsequent decisions in C.W.J.C. No. 13615 of 2001. In case, the petitioner is entitled for similar relief, it should be allowed to him by passing a reasoned order on his representation, within four weeks from the date of production/ communication of this order. DKS/ (Mridula Mishra, J.)