IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8862 of 1997 CHANDRIKA PRASAD ROY, son of Shri Jhagru Prasad Roy, resident of village Asaiyan P.O. and P.S. Marhowrah, District Saran at present posted as Assistant Teacher, Govt. Basic School Nautan, P.S. Amnaur, District Saran … Petitioner Versus 1. THE STATE OF BIHAR through the Secretary cum Commissioner, Department of Secondary Primary and Adult Education, Vikas Bhawan, Bihar, Patna 2. The Director, Primary Education, Vikash Bhawan, Bihar at Patna 3. The Regional Deputy Director of Education, Saran Division, Chapra 4. The District Education Officer, Saran … Respondents ----------- 6. 22.7.2010 No one appears for the petitioner. Counsel for the State is present. The prayer of the petitioner in this writ application reads as follows: “(i) To issue a writ of certiorari for quashing the Memo No. 65/96 dated 30.10.96 (Annexure 5) issued by the Regional Deputy Director Saran through which he has been pleased to order to recover the alleged illegal excess amount which was given to the petitioner by way of salary after his promotion. (ii) To issue a further writ of certiorari for quashing memo no. 2817 dated 15.7.95 (Annexure 3) issued by the Regional Deputy Director, Saran at Chapra through which a direction has been issued that all types of promotions given to the petitioner and others 2 earlier by the then Regional Deputy Director Education have been cancelled. (iii) To issue a writ of mandamus commanding the respondents to not to cancel the promotion of the petitioner which has been given to him in accordance with law having found him legally entitled. (iv) To issue a further writ of mandamus commanding the respondents to pay the scale of B.Sc. trained teacher in junior selection grade to the petitioner which has been withheld by them in illegal and arbitrary manner. (v) To issue a further writ of mandamus commanding the respondents not to realize/ recover any amount in terms of memo No. 65/96 dated 30.10.96 which have been paid to the petitioner by way of salary.” From a bare reading of the writ application it would appear that the claim of the petitioner is dependent on initial appointment in B.Sc. trained scale of pay. The said order of direct appointment of the petitioner on a post of teacher in a Basic School in B.Sc. trained scale of pay being absolutely impermissible in terms of Rules framed under proviso to Article 309 of the 3 Constitution, the petitioner cannot claim any salary either in respect of his being reduced to matric trained scale of pay or recovery of the excess amount. This aspect of the matter in fact has been dealt by this Court today itself in the case of Makesar Nath Chaudhary & ors. vs. the State of Bihar & ors., C.W.J.c.No. 8260/1997, wherein the persons similarly situated like the petitioner of this case having been given direct appointment in I.A. trained scale of pay were found to be liable to be reduced to their matric trained scale of pay. That being so, this Court would not find any merit in this writ application and the same is hereby dismissed. (Mihir Kumar Jha,J.) Surendra/