IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14749 of 2009 RAM UDGAR CHAUDHARY Versus THE STATE OF BIHAR & ORS ----------- 2 15.2.2010 I.A. No. 780 of 2010 has been filed by the petitioner for quashing of Memo no. 1819 dated 23.11.2009 issued under the signature of Director, Primary Education, Bihar, Patna, by which he has rejected the claim of I.Sc trained pay scale appointed after 1.1.1986 and directed for fixation of Rs.1290/- instead of Rs.1470/-. This order has already been quashed by this Court in the case of Parmeshwar Mistri which has been mentioned in CWJC No. 14295 of 2009. Once the order is quashed there is no necessity that in all cases mentioning regarding the quashing of the order of Director is required. Petitioner’s prayer is for quashing of the entry made by the District Accounts Officer, Begusarai in his service book on 30.5.1994, whereby his basic salary as on 1.3.1989 has been fixed at Rs.1350/- instead of Rs.1530/-. Petitioner’s case is that the District Account Officer should have fixed his pay scale of Rs.1530/- instead of Rs.1350/-, as it was done in cases of similarly situated teachers especially 2 on the direction of this Court. Initially, these issues were raised by one Shiva Kant Jha in CWJC No. 8333 of 1999. In that writ application the Finance Department’s Resolution regarding fixation of salary was considered and finally a finding was recorded that as per Clause 8 of the Government Resolution No.6022 dated 18.12.1989 what should have been the pay scale of Assistant Teachers appointed as Intermediate Trained Teachers. This court has also decided similar cases lastly in CWJC No. 14295 of 2009 ( Parmeshwar Mistri Vs. State of Bihar & ors) also a direction has been issued to the District Superintendent of Education,Begusarain for fixation of petitioner’s salary in the Intermediate trained scale as per interpretation given by the single Judge in the case of Shiva Kant Jha. It has also been directed that the salary of the petitioner as on 1.3.1989 be fixed as per the interpretation of Clause 8 in Shiva Kant Jha’s case. This application is being disposed of directing the District Superintendent of Education, Begusarai to pass necessary orders in favour of the petitioner for fixation of his pay scale with effect from 1.3.1989 as per his claim instead of Rs.1350/- as Rs. 3 1530/-. He should also be paid all consequential benefits within a period of six weeks from the date of production/communication of this order. The District Account Officer, Begusari is also directed to make necessary correction/entry made on 30.5.1994 in the Service book of the petitioner. (Mridula Mishra,J.) A.Kumar