IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.4100 OF 1999 SHRI RAM CHARITRA KUMAR , S/O LATE AMBIKA KUMAR, AT SRIKRISHNA PURI, P.O AND DISTRICT BEGUSARAI. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE DIRECTOR SECONDARY EDUCATION HAVING ITS OFFICE AT IN THE BIHAR INTERMEDIATE COUNCIL BUILDING 2ND FLOOR, PATNA. 2.THE DIRECOR, SECONDARY EDUCATION HAVING ITS OFFICE IN THE BIHAR INTERMEDIATE COUNCIL BUILDING 2ND FLOOR, PATNA. 3.THE DISTRICT EDUCATION OFFICER, BEGUSARAI. 4. THE DISTRICT EDUCATION OFFICER, SAMASTIPUR. ………………………RESPONDENTS. ----------- 07/ 26.07.2011 Mr. Anand Kumar Ojha, learned counsel for the petitioner would submit that the Headmaster of the School where the petitioner was working prior to his retirement dated 31.12.1999 had made a recommendation for grant of post graduate trained scale of pay and as such the school being taken over by the State Government, the petitioner ought to have been given the benefit of post graduate trained scale of pay. The respondents have filed their counter affidavit, wherein, it has been explained that the services of the petitioner was approved w.e.f., 07.12.1976 2 when the school namely Ayodhya School (Gyan Bharti) Begusarai recognized by the Bihar School Examination Board and the petitioner was granted the pay scale of trained graduate teacher. It has been further explained in the counter affidavit that the post graduate trained scale of post was abolished w.e.f., 01.04.1978 and was substituted by junior selection grade and therefore, the petitioner could not have claimed grant of junior selection grade from the date of his initial appointment. In the considered opinion of this Court, the decision taken by the managing committee for grant of post graduate trained scale of pay in view of the recognition of the school and approval of the services of the petitioner in the graduate trained scale of pay was not binding on the Government and therefore, when the petitioner has moved this Court after 23 years of such cause of action, the same must be held to be stale and belated. The petitioner in fact had a cause of action if at all he was sanctioned post graduate trained scale of pay on 3 07.12.1976, inasmuch as, even on that day he could have on the basis of qualification and any decision of the managing committee could have claimed post graduate trained scale of pay. That having been not done and the petitioner after the decision of the State Government dated 07.12.1976 recognizing the services of the petitioner only as a Graduate Trained teacher could not have been given the benefit of post graduate trained scale of pay. It thus becomes clear that the petitioner in effect wants to assail the order of the State Government dated 07.12.1976 in the garb of claiming post graduate pay scale by filing this writ application on 29.04.1999 after three years which is simply not permissible in law. That being so, this application is dismissed both on the ground of delay and laches as also on merit. Ranjan (Mihir Kumar Jha, J.) 4