IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3603 of 2002 SAIYED MASOOM ALI RIZVI, S/O LATE SAIYED JAHID HUSSAIN, PRESENTLY POSTED AS AN ASSISTANT TEACHER IN MIDDLE SCHOOL, KUANHI, ANCHAL-MOTIPUR, DISTRICT-MUZAFFARPUR. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR PRIMARY EDUCATION, PRIMARY AND SECONDARY EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE DISTRICT EDUCATION ESTABLISHEMNT COMMITTEE, MUZAFFARPUR THROUGH THE CHAIRMAN. 4. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN, THE DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, MUZAFFARPUR. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR, DISTRICT-MUZAFFARPUR. …………RESPONDENTS. ----------- 8 09.02.2010 The respondents have filed counter affidavit with which they have brought on record an order passed by the District Superintendent of Education dated 21.3.1997 by which the grant of Graduate Trained Scale to the petitioner has been cancelled and order has been passed for recovery of the excess amount paid to him. Learned counsel for the petitioner had earlier taken time to file an I.A. for amendment in the writ application and liberty to challenge the same. However, no I.A. has been filed till today. But learned counsel for the petitioner submits that in similar situation some of the teachers whose grant of Graduate Trained Scale 2 was cancelled had moved this Court through CWJC No. 10084 of 1996. Their writ application was allowed by order dated 14.1.1997, a copy whereof is annexed as Annexure-10, and the Establishment Committee was directed to reconsider their cases in the light of the observations made therein. He submits that the Establishment Committee accordingly considered the cases of the said petitioners and allowed them Graduate Trained Scale with effect from 1.9.1982. He submits that the petitioner is also entitled to the same treatment and his case should also be considered by the Establishment Committee in the light of the said judgment of this Court and in the light of the decision taken by the Establishment Committee in its meeting dated 18.2.1999 by which the petitioners of the said writ application were granted the relief. Since the petitioner has not challenged the order of the District Superintendent of Education, as annexure-B, in this writ application, this Court is not in a position to pass specific positive order in his favour. However, this Court gives liberty to the petitioner to file a representation before the 3 District Establishment Committee staking his claim for reconsideration and same treatment and for restoring the grant of Graduate Trained Scale from his original date in terms of the said orders of this Court passed in CWJC No. 10084 of 1996 and consequential decision taken by the Establishment Committee in its meeting dated 18.2.1999 in respect of those writ applications. If the representation is filed by the petitioner within one month from today the Establishment Committee shall consider the case of the petitioner in the light of the materials produced by him and shall take a decision in accordance with law. In case the Establishment Committee takes a decision in favour of the petitioner the consequential benefits shall also be paid to him expeditiously preferably within three months thereafter. The writ application is disposed of with the aforesaid observations and directions. Arvind/ (J. N. Singh, J.)