IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.1507 of 2007 Devendra Narain Pandey, son of late Nunu Pandey, Assistant Teacher, Adarsh Gandhi High School Chandasi, P.S. Noorsarai, District Nalanda … Petitioner Versus 1. The State Of Bihar through its Secretary (Secondary Education), Human Resources Development Department, New Secretariat, Patna 2. The Director (Secondary Education), Human Resources Development Department, Budh Marg, Patna 3. The Regional Deputy Director, Patna Education Division Patna 4. The District Education Officer, Nalanda 5. The District Education Officer, Bhojpur … Respondents ---------------------------------- 2. 4.8.2011 Heard counsel for the parties in respect of the following relief:- "That this is an application for issuance of an appropriate writ/writs, direction/directions directing the respondents to treat him in post graduate trained pay scale and to fix the seniority in the gradation list according to his date of appointment and further to promote him on the post of Headmaster of High School from the date Juniors to him have been granted the said promotional benefits." Having regard to the fact that the petitioner claims Post Graduate pay scale from 1971 on the basis that the Managing Committee had appointed him as an untrained Post Graduate teacher which was also accorded approval by the Sub-divisional Education Officer even before take-over of the school in the year 1981 his actual grievance that the Director, Secondary Education,. could not have reduced him to the post and pay scale of B.A. (Hons.) trained teacher essentially would be a stale matter, inasmuch as such a decision vide Annexure ‘A’ to the counter affidavit dated 13.2.1982 had not only been taken and 2 communicated but also acted upon by fixing the lower pay of the petitioner in such B.A. (Hons,) trained pay scale. If the petitioner however feigns ignorance of the aforesaid order, it will be very difficult to believe such a plea, inasmuch as the petitioner started receiving lower salary in the B.A. (Hons.) pay scale by the strength of such order dated 13.2.1982 made operational with effect from 12.10.1977 and thus this Court must hold that such a stale claim of the year 1982 has been sought to be raised before this Court by filing this wholly belated writ application on 5.2.2007 i.e. after almost 25 years of the cause of action. The petitioner has in fact also now retired during the pendency of the writ application in the year 2009 and therefore, if he has already been paid his retirement benefit by treating him to have been granted B.A. (Hons.) pay scale fixed in the year 1982, the same can be only revised only for the purposes of pay fixation if it can be shown by the petitioner that such a decision taken by the Director, Secondary Education was impermissible in law. The petitioner, therefore, can only be given liberty to approach the office of the Director, Secondary Education limiting his case for grant of Post Graduate pay scale in supersession of the order granting B.A.(Hons.) pay scale contained in Annexure ‘A’ on the condition that even if the petitioner is found entitled for the benefit of Post Graduate pay scale, his over delayed filing of the writ application in the court after 25 years of the cause of action 3 would only make him entitled for pay fixation in the Post Graduate pay scale only for the purposes of payment of revised post retirement benefit if any. In other words, the petitioner will not be entitled to get any arrears of salary even if it is held by the Director, Secondary Education that the petitioner was entitled for Post Graduate pay scale. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/