IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10781 of 2005 Janakdhari Singh, son of Late Ram Dayal Singh, resident of village Rewa, Police Station Sarai, District Patna, presently residing at Village Bhupatipur, Police Station Phulwarisharif, District-Patna…………………………………………Petitioner. Versus 1. The State of Bihar through the Secretary, Human Resources Development Department, having his office at Vikas Bhawan, District Patna. 2. The Director Secondary, Primary and Adult Education having his office in Vikas Bhawan, Patna. 3. The Inspectress of School-cum-Deputy Director, Bihar, Patna, having his office at Dacbanglow Road, Patna. 4. The Head Mistress, Government Girl’s Middle School, Jehanabad, District Jehanabad. 5. The Accountant General (Accounts and Entitlement) Bihar, Patna having his office in Birchand Patel Path, Police Station Kotwali, District Patna. -------------------- 3. 29.6.2011 Heard learned counsel for the parties. The petitioner has claimed that he has wrongly been substituted in the scale of Rs. 4000 to 6000 whereas he is entitled to a scale of Rs. 4500 to 7000. In the writ petition it has been stated that he is a teacher of Music having qualification of Bachelor and, as such, he should be given substituted scale of Rs. 4500- 7000 as prescribed in the government order no. 660 dated 8.2.1999 (Annexure-8 to the writ petition). It has been stated that the petitioner was 2 initially appointed on 4.12.1965 as a Tabla Teacher Dicision Music Centre attached to Women’s Teacher Training School, Ratoo Road, Ranchi in pay scale of Rs. 105-3-123 EB-3-129-2-145. It has further been stated that the petitioner who is degree holder in Sangeet was entitled to the salary in the scale of Rs. 4500-7000 and for payment of arrears of salary after 4th pay Commission. It appears from the writ petition that the Accountant General office vide memo. No. 807 dated 29.10.2004 (Annexure-7) to the writ petition has written to School Inspectors-cum-Deputy Director, Education, Bihar, Patna in which he has pointed out that the petitioner is holding a graduate degree in Music and as such he is entitled to scale of pay of Rs. 4500-7000. The petitioner has filed his representations dated 2.2.2003 and 9.2.2004 for redressal of grievance before the Inspectors of School Deputy Director, Bihar, Patna in which it has been submitted that he was/is entitled to the pay scale of Rs. 4500-7000 as he is a degree holder whereas he has wrongly been fixed in a scale of Rs. 4000-6000 which is meant for 3 Diploma Holder. The counsel for the State has filed counter affidavit wherein in paragraph-5 the claim of the petitioner was disputed and it has been stated that the scale of pay of petitioner in Rs. 4000-6000 has been fixed correctly. The petitioner was granted the scale of Rs. Rs. 1500-2750 due to Time Bound Promotion which was abolished w.e.f. 1/1/1996 and as such, scales of petitioner has rightly been revised in the basic scale of Rs. 4000-6000. It has been stated by the petitioner that the basic grade scale of pay of the petitioner w.e.f. 1/4/1981 was Rs. 730-1080, in 1/1/1986 the same was substituted by Rs. 1400-2300 and finally his pay was fixed in the scale of Rs. 4000-6000 and in this way the pay of the petitioner has wrongly been fixed. The petitioner has also filed a letter dated 10.8.07 which was passed by the Director, Secondary Education, Bihar, Patna which shows that the benefit of scale of Rs. 4500-7000 has been given to one Punam Kumari who is junior to the petitioner. 4 It has been stated by the petitioner that he was granted the time bound promotion in 1991 in the scale of 1500 to 2750. These are the disputed question of facts and this court under the writ jurisdiction cannot decide the same. Petitioner has drawn my attention to the order passed by the Hon'ble Court in CWJC No. 960 and the order passed CWJC 789/2004 in which the state has filed the counter affidavit and stated that the pay scale of the petitioner was Rs. 1400 to 2600. If that be so then learned counsel for the petitioner submits that the petitioner is entitled to the scale to Rs. 4500-7000. As this stage Court does not decide case on merit hence matter is remand back to respondent no. 2 to decide the issue as to whether the petitioner is entitled to the scale of Rs. 4500-7000 or he was rightly fixed in the scale of Rs. 4000-6000. The petitioner will file fresh representation giving details of facts and authority will decide the matter within 3 months from the date of production/receipt of copy of this order. 5 Accordingly, the writ petition is disposed of Mkc ( Shivaji Pandey, J. )