IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3218 of 2007 Kamla Rani, wife of late Suresh Kumar, resident of Mohalla Gora Bazar, Danapur, P.O. Danapur Cant., P.S. Danapur, Dist. Patna, presently posted as Assistant Teacher, Cant. Middle School, Alakhbag, Danapur, Patna. --------- Petitioner Versus 1. The State of Bihar through the Secretary-cum-Commissioner, Human Resources Department, Govt. of Bihar, Patna. 2. The Director, Primary Education, Govt. of Bihar, Patna. 3. The District Superintendent of Education, Patna. 4. The Headmistress, Cant. Middle School, Alakhbarg, Danapur-1, Patna. --------- Respondents ----------- 2 09.08.2011 Having heard learned counsel for the parties and taking into account that the payment of salary and emoluments to the petitioner had already been ensured by this Court as recorded in the order dated 8.9.2006 in the earlier writ application of the petitioner being CWJC No. 12096 of 2000 while approving the order of the District Superintendent of Education, Patna contained in memo no. 6721 dated 22.8.2006, this Court would not find any justification in the prayer of the petitioner made in this writ application, wherein, again the petitioner has tried raise the same controversy as with regard to some discrepancy in the initial pay fixation from 1981 onwards by assailing the order dated 25.11.200. As a matter of fact, if the petitioner has any grievance emanating from 2 the said order of the District Superintendent of Education, Patna contained in memo no. 9125 dated 25.11.2006 and can show that such amount was referable and payable for any period after 22.8.2006 that alone would be considered by the competent authority inasmuch as this Court in the order dated 8.9.2006 in the earlier writ application of the petitioner i.e. C.W.J.C. No. 12096 of 2000 had held as follows:- "Heard learned counsel for the petitioner and learned counsel for the State and perused the order of the District Superintendent of Education, Patna, contained in memo no. 6721 dated 22.8.2006 which has been annexed as Annexure A to the supplementary counter affidavit filed today in Court. The aforesaid order has been passed by the District Superintendent of Education, Patna pursuant to a direction of this Court contained in the last order dated 11.8.2006. The order is a reasoned one and this Court finds no good ground to set aside that order and grant any relief to the petitioner. The writ petition is, therefore, dismissed." In other words, the respondent will be under no obligation to reopen any such 3 payment which has been fixed and paid in view of the order of District Superintendent of Education, Patna in his order dated 22.8.2006 which has been approved by this Court while dismissing CWJC No. 12096 of 2000. The petitioner, therefore, will be only entitled for any such amount, which has been denied to her after 22.8.2006 and she would not be allowed to raise any dispute with regard to the earlier amount fixed and paid either in the untrained matric pay-scale or matric trained pay-scale till 22.8.2006. The petitioner, therefore, is only given liberty to approach the District Programme Officer, Patna by filing a fresh representation confined only to the aspect as explained above. It is expected that the authority concerned will pass the final order within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observations and directions this application is disposed of. Rsh (Mihir Kumar Jha, J.)