IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9760 of 2005 DOMAN MAHTO TARUN SON OF LATE JHARILAL MAHTO RESIDENT OF BY PASS ROAD, JARUA, P.S. SADAR HAJIPUR, DISTRICT HAJIPUR. Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner :- Mr. Ajey Kumar. For the State :- Mr. A.C. to S.C. I. ------- 3 27/08/2010 The Court need not take into consideration all the submissions which have been made at the Bar in support of the two primary reliefs, one that the petitioner being a member of the erstwhile Bihar Vidyalaya Sewa Board is entitled to the benefit of revised pay scale with effect from 1.1.1996 and another that the petitioner is entitled to be paid salary for four months which had not been paid. Four months in question are March, 2002, February, 2003 and January and February, 2004. This payment has not been made to the petitioner on account of paucity of fund and lack of allocation. Learned counsel for the petitioner has produced before this Court several orders which have come to be passed in yet another writ application filed by another member of the Board in question. The said writ - 2 - application was C.W.J.C. No. 9534 of 2005 and the name of the petitioner is Shridhar Narain Pandey. From the order dated 8.2.1997 it is evident that a departmental notification as contained in memo No. 2326 dated 20.12.2006 was issued by virtue of which the Chairman and Members of the Bihar Vidyalaya Sewa Board were extended the benefit of revised pay scale from 1.1.1996. This is the general notification with regard to the benefit of revised pay scale and which has come to be paid to Sri Shridhar Narain Pandey under various orders of the Court passed from time to time, there is no reason why the present petitioner who also happens to be a member of the Board would be denied the benefit of the revised pay scale. With regard to non payment of salary for four months which has been indicated in the earlier part of the order, that is a matter of verification for the respondents. This writ application is disposed of with a direction upon the Director, Secondary Education, Government of Bihar, Patna (respondent no. 4) that taking into consideration their stand taken in the case of Shri Shridhar Pandey which was C.W.J.C. No. 9534 of - 3 - 2005, the case for payment of the revised pay scale to the petitioner would also be taken up including non payment of salary for four months within a period of four months from the date of production or communication of a copy of this order. This writ application stands disposed of. AMIN/ (Ajay Kumar Tripathi, J.)