IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1296 of 2011 In Civil Writ Jurisdiction Case No. 5128 of 2005 With Interlocutory Application No. 6331 of 2011 In Letters Patent Appeal No.1296 of 2011 ====================================================== Vijay Kumar Jha S/o Late Ramjee Jha, resident of Village-Pauram, P.S.- Hayaghat, District-Darbhanga, presently posted as the Principal of Teachers Training College at Rambagh, Bettiah in the district of West Champaran. .... .... Petitioner/Appellant Versus 1. The State of Bihar. 2. The Secretary, Primary Education, Human Resources and Development Department, Government of Bihar, Patna. 3. The Director (Adm.) cum Deputy Secretary, Human Resources and Development Department, Government of Bihar, Patna. 4. The Deputy Secretary, Human Resources and Development Department, Government of Bihar, Patna. 5. The Addl. Secretary (Finance) Personal Claim Fixation Cell, Pant Bhawan, Patna-1. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Murari Narain Chaudhary, Advocate with Mr. Vijay Kumar, Advocate For the Respondents : Mr. Mayank Rukhaiyar, A.C. to G.A.-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court LPA No.1296 of 2011 (2) dt.14-09-2011 2 / 3 2 2 14-09-2011 Interlocutory Application No. 6331 of 2011: Delay of 13 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1296 of 2011: Feeling aggrieved by the order dated 15th July 2011 made by the learned single Judge in above C.W.J.C. No. 5128 of 2005, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The writ petitioner, a Principal in Teachers Training College, Rambagh, Bettiah, West Champaran, filed the above writ petition in 2005 for recovery of the amount of difference in salary with effect from 1st April 1988 with interest at the rate of 18 per cent. The learned single Judge has rejected the prayer. Therefore, the present Appeal. Pursuant to the order of this Court in C.W.J.C. No. 10208 of 1996, under Government Notification dated 16th November 1998 the appellant and the others in Subordinate Education Service (Primary Grade) were promoted to the Bihar Education Service Class-II (Supervisory Grade) from the date of the order. Pursuant to the order of this Court in C.W.J.C. No. 2223 of 1998, under Government Notification dated 1st March 2001, the said promotion was made effective from 1st April 1988. The appellant, therefore, filed the above writ petition to claim the difference of salary from 1st April 1988. Indisputably, the appellant was actually promoted vide Notification dated 16th November 1998. Though, 1st April 1988 is the effective date for such promotion, the appellant had not rendered actual service on the higher post. The claim for Patna High Court LPA No.1296 of 2011 (2) dt.14-09-2011 3 / 3 3 difference of salary is, therefore, misconceived. No case for interference is made out. Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)