IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10896 of 2000 ABHAY KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 07 02.04.2009 Heard learned Counsel for the petitioner and learned Counsel for the State. No counter affidavit has been filed on behalf of respondents. This Court is not persuaded to grant any adjournment for that purpose in view of the nature of the order to be passed. The issue is for the difference of salary, when he was discharging duties as a B.A. Trained Teacher, but was being paid the Matric Trained scale, culminating in the order of the Supreme Court in S.L.P. (c) 6377 of 1992 dated 18.4.1996. The Supreme Court noticing the objection of the respondents that the petitioner had not been promoted as a B.A. Trained Teacher, but was discharging duties against the post of a B.A. Trained Teacher, under order of the competent authority, directed the respondents to give him the higher salary of the post of B.A. Trained Teacher for the period that he served as such i.e. 21st April, 1982 to 8th June, 1988. 2 This Court finds substance in the submission of the petitioner that for the aforesaid period, revision of pay effective from 01.01.1986 under the Resolutions of the Finance Department dated 18.12.1990 and 13.8.1990 to those working either in the substantive or officiating capacity, entitles the petitioner to the revision of the salary for the period observed by the Supreme Court. It is only then that the order of the Supreme Court can be stated to have been complied with in its true spirit. This Court accordingly orders so to be complied with by the respondents. The next issue is with regard to the fixation of the pay scale of the petitioner in the B.A. Trained scale. The submission from the Resolution of the Finance Department dated 18.12.1990 is that whether the teacher was working in the B.A. Trained scale either in the substantive or officiating capacity, the pay scale was required to be fixed in terms of the post hold by the teacher on the 1st day of January, 1986. The order of the Supreme Court notices that the petitioner was officiating on the post of B.A. Trained Teacher. The applicability of the resolutions of the Finance Department relied upon by the 3 petitioner for fixation of his pay scale in the B.A. Trained scale even on basis of such officiation is an administrative matter to be considered by the respondents. If the petitioner continued to officiate on the post of B.A. Trained scale or subsequently got promotion to the post of B.A. Trained Teacher, he is correct in his submission for fixation of his pay in the B.A. Trained pay scale. Let the respondents examine only this limited aspect of the matter and then proceed to fix the appropriate pay scale of the petitioner in accordance with law. Let this order on both counts be complied with within a maximum period of five months from the date of receipt and/or production of a copy of this order. P.K. (Navin Sinha, J.)