IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.7022 of 2009 Gorelal Yadav, son of Shri Bishundeo Yadav, resident of village and P.O. Ghorghat, Police Station Bariarpur, District Munger, at present posted and working as an Assistant Teacher in Govt. Middle School, Chandanpur Anchal Jamalpur, District Munger .. Petitioner Versus 1. The State of Bihar 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 3. The Principal Secretary, Finance Department, Government of Bihar, Patna 4. The Deputy Secretary, Finance (Pay Fixation) Department, Government of Bihar, Patna 5. The Director, Primary Education, Bihar, Patna 6. The Regional Deputy Director, Education, Munger Division, Munger 7. The District Superintendent of Education, Munger 8. The District Magistrate, Munger 9. The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Munger 10. The District Treasury Officer, Munger, 11. The District Accounts Officer, Munger .. Respondents **** For the petitioner .. Mr. Umesh Kr. Mishra, Adv. For the State .. G.A. X **** /2/ 02.07.2009 Heard the counsel for the petitioner and the State. 2. Petitioner has filed this application for quashing entry made by the District Account Officer, Munger, in his service book, dated 03.08.1999, whereby his salary, as on 2 24.04.1987, has been fixed at Rs.1290/- instead of Rs.1470/-. Further, prayer of the petitioner is to direct the respondents to consider his case in the similar manner as directed by this Court in C.W.J.C. No. 8333 of 1999 (Shiv Kant Jha Vrs. The State of Bihar & Ors.). Petitioner’s case is that he was appointed as intermediate trained teacher on 24.04.1987. At that time intermediate trained pay scale was Rs.730-15-820- 20-980-EB-20-1080/-. Fifth Pay Revision Fitment Committee recommended for pay revision, which was accepted by the State Government. The Fitment Committee had recommended for three scales permissible in the elementary schools, (1) Matric Trained Scale, (2) Intermediate Trained Scale and (3) Graduate Trained Scale. The Fitment Committee had also introduced a new pay scale of Rs.1200-2040 of the teacher falling within groups (1) and (2), i.e., Matric Trained and Intermediate Trained Teacher. Petitioner’s case is that the Finance Department had issued necessary direction/guidelines vide Resolution No. 6022, dated 18.12.1989, which provided that the teacher who have been appointed between 01.01.1986 to 28.02.1989 their pay scale will be revised in accordance with Schedule III of Annexure 2, i.e., Resolution No. 6022, dated 18.12.1989. 3 Petitioner’s pay scale was, accordingly, revised and fixed as Rs.1470/- on 24.04.1987, which was duly approved by the Headmaster of the Government Middle School, Chandanpur, Anchal Jamalpur, district Munger, where the petitioner was posted. The reason for petitioner’s grievance is that now without any rhyme and reason the District Account Officer, Munger, has made an entry in his service book whereby his basic salary as on 24.04.1987 has been fixed as Rs.1290/- instead of Rs.1470/-. 3. Counsel for the petitioner submits that similar question had come before this court for consideration in C.W.J.C. No. 8333 of 1999 (Shivkant Jha Vrs. The State of Bihar & Ors.). The issue has been duly discussed and finally it has been decided that the salary of intermediate trained teacher appointed in between 01.01.1986 to 28.02.1989 can not be less than Rs.1470/- as per the Finance Department’s Resolution, Annexure 2. Counsel for the petitioner submits that he has already represented his case before the District Superintendent of Education, Munger, for giving similar treatment to him as directed and decided by this Court in the case of Shiv Kant Jha, but, it is still pending for consideration. 4. This matter is being disposed off with a 4 direction to the District Superintendent of Education, Munger, to dispose off petitioner’s representation in the light of the judgment and order passed by this Court in C.W.J.C. No. 8333 of 1999 (Shiv Kant Jha Vrs. The State of Bihar & Ors.) preferably within four weeks from the date of presentation/communication of this order. Further, it is directed that entry made in the service book of the petitioner by the District Accounts Officer, Munger, dated 03.08.1999, should also be corrected and modified, accordingly. Cp:2/S.A. (Mridula Mishra, J.)