IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8526 of 2009 SHEO SHARAN MANDAL, SON OF LATE CHANDRASHEKHAR MANDAL, RESIDENT OF VILLAGE-GAURIPUR, P.O. SOFIABAD, POLICE STATION-NAYA RAMNAGAR, DISTRICT-MUNGER, AT PRESENT POSTED AND WORKING AS AN ASSISTANT TEACHER IN GOVT. MIDDLE SCHOOL, MOHADIPUR, ANCHAL-SADAR MUNGER, DISTRICT-MUNGER … PETITIONER. Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Human Resources Development Department, Bihar, Patna, 3. The Principal Secretary, Finance Department , Govt. of Bihar, Patna. 4. The Deputy Secretary, Finance (Pay Fixation) Department, Govt. of Bihar, Patna. 5. The Director, Primary Education , Bihar, Patna. 6. The Regional Deputy Director of 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 For the State: S.C.-4 2. 24.07.2009 Heard learned counsel for the petitioner and the counsel appearing for the state. Vide Memo No. 370-627 dated 08.04.1987, the petitioner was appointed as an assistant teacher in intermediate trained pay scale of Rs 730-15-820-20-980-EB-20-1080/-. On 28.04.1987, he gave his joining in Govt. Middle School, Lakhochak, Anchal-Lakhisarai in the district of Munger. The Fifth Pay Revision Fitment Committee introduced a new pay scale of Rs 1200-2040 for the teachers felling within group-I & II 2 in the table prepared by the Committee. For the purpose of fixation of salary and pay scale of the teachers in the revised pay scale, the Finance Department vide Resolution No. 3/PAR/01-3/89-6022F(2) dated 18.12.1989 issued guidelines to the concerned authorities of the State Government. Pursuance to the provisions of the resolution, pay scale of the petitioner was revised by the Headmaster-cum-Disbursing Officer of the school, verified by the District Superintendent of Education, Munger and finally, pay scale of the petitioner was fixed as Rs 1470/- on 28.04.1987. Petitioner’s grievance is that on 03.08.1999, the District Accounts Officer, Munger has made an entry in his service book whereby his basic salary as on 28.04.1987 has been reduced and fixed as Rs 1290/- instead of Rs 1470/-. On account of such entry, an order has also been passed to recover the excess amount paid to the petitioner on account of fixation of salary as Rs 1470/- on 28.4.1987. Counsel for the petitioner submits that the issue relating to anomalies in fixation of pay scale of the teachers posted in Government Elementary Schools who has been appointed within 01.01.1986 to 22.02.1989 have already been decided by this court in C.W.J.C. No. 833 of 2009 (Sheokant Jha Vs The State of Bihar & Ors.). The petitioner met the District Superintendent of Education, Munger and tried to convince him that his case is identical to the case of Sheokant 3 Jha and there was no occasion to reduce his basic salary on 28.4.1987 as Rs 1290/- , however, there was no response. As such, the petitioner had to approach this court. I find that case of the petitioner is identical to the case of Sheojkant Jha. The finding recorded in the case of Sheokant Jha is fully applicable in the case of petitioner. Accordingly, this application is allowed. Entry made in the service book of the petitioner by District Accounts Officer, Munger on 03.08.1999 is quashed. The respondents are directed to make correction in the service book of the petitioner and instead of reduced basic salary of Rs 1290/- as on 28.04.1987, the entry should be made of Rs 1470/- On such correction, the dues of arrears for which the petitioner is entitled, be paid to him within three months from the date of receipt/production of copy of order. akv/ ( Mridula Mishra, J )