IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14249 of 2005 Kailashpati Thakur, Son of Late Bhakti Nath Thakur, R/o-Vill.&P.O.- Kumaitha, P.S.-Bath (Sultanganj), District-Bhagalpur. –Petitioner. VERSUS 1. The State of Bihar. 2. Director, Primary Education-cum-Joint Secretary, Bihar, Patna. 3. District Superintendent of Education, Bhagalpur. 4. District Account Officer, Bhagalpur. 5. District Account Officer, Pay Fixation Section, Bhagalpur. 6. Area Education Officer, Sultanganj, District-Bhagalpur. 7. Headmaster, Middle School, Kumaitha, District-Bhagalpur. 8. Headmaster-cum-Drawing and Disbursing Officer, Rajkiya Darbari Singh Middle School, Sultanganj, Bhagalpur. 9. Accountant General, Bihar, Patna. –Respondents. ----------- For the Petitioner : Mr. Satya Narayan Mishra. For the State : Mr. Kumar Vikram, AC to SC-10. ------------- 05 08.04.2011 On 23.01.1962 the petitioner joined as Assistant Teacher. Having passed Intermediate and having received training, he was granted Intermediate trained pay scale with effect from 21.08.1968. On 01.01.1986 he was receiving pay at Rs.1010.00. It appears that vide decision dated 18.12.1989 the State Government resolved to revise the pay scale of teachers in school and rationalize them. A notification thereof was issued which is Annexure-A to the counter affidavit of the State. It appears that there were lot of controversies and confusions that were created, clarifications were sought for and in the Department of Human Resources Development, Government of Bihar through Director, Primary Education-cum-Joint Secretary clarification was issued. In the clarification, it was clearly pointed out that the intention of the Government was apparent - 2 - from the notification dated 18.12.1989. It was clarified that first the pay scale of all teachers as on 01.01.1986 had to be brought up to Rs.1200-2040 giving all necessary increments. Then if it is found that the teacher is having I.A. trained pay scale for more than 12 years then the pay scale as on 01.01.1986 would stand revised to Rs.1400-2600. Petitioner’s case is that this is what has been done. The counter affidavits admits that with effect from 01.01.1986 first giving three increments petitioner’s pay scale was fixed at Rs.1200-2040 and then as he was given I.A. trained scale and had been working as such for 12 years. It was fixed at Rs.1400-2600. The stand in the counter affidavit is that this is incorrect. As per the notification issued in the year 1989, the petitioner superannuated on 31.07.2003, while settling the pensionary benefits, the District Accounts Officer, Bhagalpur on 20.08.2003 merely noted that as per resolution dated 18.12.1989 petitioner’s pay scale with effect from 01.01.1986 ought to have been fixed at Rs.1200-2040 and no further increment was permissible. Upon this petitioner’s pay scale, as fixed on 01.10.1986 at Rs.1400- 2600, was revised downwards and re-fixed at Rs.1200-2040 and all recoveries ordered. I may note here that for what was done by the department itself as far back as in the year 1989 is now being sought to be undone after more than 14 years and, that too, after petitioner has superannuated. Having heard the parties and considered the - 3 - matter, in my view, the stand of the State cannot be accepted. As is apparent from the communication of the District Accounts Officer, the only ground for reducing the pay scale is that apart from Gazette notification of the resolution he does not know of any further clarification. Meaning thereby, that he is not aware of the clarification issued by the Department of Human Resources Annexure-1 but the existence of Annexure-1 is not denied. It is only knowledge of Annexure-1 is denied that clearly shows the mischief. In such view of the matter, I am left with no option but to hold that petitioner’s salary was rightly fixed in the pay scale of Rs.1400-2600 as on 01.01.1986 and it needed no revision much less after his superannuation. Once the clarification was issued as per Anneuxre-1 and acted upon by the authorities on their own, the petitioner cannot be made to suffer. Moreover, there is no cause for the petitioner to suffer. Thus, the writ petition is allowed. It is directed that the pay scale of the petitioner as earlier fixed with effect from 01.01.1986 is restored and all or any money recovered from the petitioner on account of lower pay scale of Rs.1200-2040 has to be refunded to the petitioner. Petitioner’s pensionary benefits and pension have to be re-fixed on the pay scale as indicated above and not in the pay scale of Rs.1200-2040. It shall be the responsibility of the District Accounts Officer, Bhagalpur to recalculate and re-fix the pension and inform the Accountant General accordingly. It shall - 4 - be his responsibility to ensure that all arrears of payments as per the said calculation would be paid to the petitioner within three months from the date of production of a copy before him. With these observations and directions, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)