IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1321 of 2007 Tapaswi Poddar, son of late Sitaram Poddar, Resident of Bhawnathpur, P.O. Rannu Chak Makkalpur, P.S. Sultanganj, Dist. Bhagalpur, At present Lichchi Bazar Adampur, P.S. Kotwali (Adampur), Dist. Bhagalpur. ------- Petitioner Versus 1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2. The Secretary cum Commissioner, Human Resources Development Department (Secondary), Govt. of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The District Education Officer, Bhagalpur, District Bhagalpur. 5. The Head Master, Durga Charan High School, Bhagalpur, Dist. Bhagalpur. ---------- Respondents ----------- 2 26.7.2011 Having heard learned counsel for the parties and taking into account that the following relief prayed by the petitioner:- “1(I) For issuance of an appropriate writ, order or direction to revise the pension of the petitioner on the basis of pay scale of Rs. 6500- 10500 made admissible to the post of petitioner w.e.f. 1.1.1996/ and for payment of the arrears of the pension thereafter and for payment of current pension on the basis of revised pension. (II) For issuance of an appropriate writ, order, direction to take final decision regarding admissibility of the benefit of earned leave salary to the teachers of the minorities schools as stated by the counsel for State in 2 C.W.J.C. No. 4908/1999 mentioned in order dated 14.3.2000. (III) For issuance of an appropriate writ, order, direction for payment of arrears of salary as per pay fixation of the petitioner in pay scale of Rs. 6500-10500 till his retirement.” would not be fully admissible to him, inasmuch as, the petitioner had retired on 31.1.2000 whereas the Government Resolution, giving the benefit of the revised pay-scale to the Teachers of the Non-Governmental Minority Schools, was issued only on 20.5.2004, wherein, actual monetary benefit in the revised pay-scale was sought to be made only with effect from 1.4.2003. Consequently, the petitioner, who had already retired on 31.1.2000, would not be entitled for any other benefit except the re-fixation of pension by giving notional benefit of such pay fixation from 1.1.1996 and that has already been done by the respondents as is claimed in paragraph nos. 8 to 12 of the counter affidavit, reading as follows:- “8. That according to the Government resolution no.937 dated 20-5-2004 the monetary benefits to revised scale was payable with effect from 3 01-4-2003. It was specifically mentioned that arrears of salary from 1-1-96 to 31-3-2003 was not to be paid. 9. That it was further submitted that the petitioner was not entitled for actual payment on account of revision of scale from 1-1-1996 as he had superannuated with effect from 31-1-2000. Notional benefits were given with effect from 01-04- 2003. The gratuity could not be revised. The pension has already been revised with effect from 01/04/2003 vide A.G. Bihar, Patna vide its Memo No. 14172 dated 20-3- 2007 as per the petitioner application. 10. That in terms of para 3 of the resolution no.937 dated 20-5-04 (Annexure-A) the gratuity of the petitioner could not be revised nor arrears of difference of gratuity and the revised scale for the period 01-1-1996 to 31-1-2000. The monetary benefits could not be paid as per said resolution dated 20-5- 2004. 11. That it is stated that the petitioner was not entitled to payment of leave encashment in view of order passed by this Hon’ble Court on 14-3-2000 in C.W.J.C. No. 4908/99 (Anal Kumar Mishra Versus The State of Bihar) and others (Annexure-4 of the writ petition) and also order passed on 28-3-2003 by this Hon’ble Court in L.P.A. no.627 of 2002 (The State of Bihar 4 and others Vrs. Babu Lal Misrha). 12. That it is further state that the petitioner did not submit any representation in the light of this Hon’ble Court order dated passed in C.W.J.C. No. 6725/03 and two others cases. The deponent examined and found that the petitioner is not entitled to get the interest of delay payment of pension in the light of Finance Department, Bihar, its letter no. 3155 dated 07-11- 1981. Accordingly the then District Education Officer, Bhagalpur vide its office Memo No. 3387 dated 20- 12-03 issued reasoned order. The order passed on 19-9-2003 by this Hon’ble Court in C.W.J.C. No. 6725/03, 6726/03, 6753/03 has already been complied.” Consequently, this Court would find that the petitioner has already been paid the legitimate due of the enhanced amount of pension as per the Government resolution and, therefore, this writ application for rest of the grievances must be held to be misconceived. It goes without saying that if there would be any change in the Government decision as with regard to extending any other benefit to the retired teachers of minority schools, which may also benefit the 5 petitioner, it will be open for the petitioner to claim such benefit. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)