IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6732 of 2009 PRAVIN KUMAR MANDAL, Son of Late Vishwanath Mandal, resident of Mohalla- Subhashpalli, P.S. Town, District- Kishanganj -----Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Secondary Education, Government of Bihar,New Secretariat Building, Patna. 4. The Regional Deputy Director of Education, Purnea Division, Purnea. 5. The District Education Officer, Kishanganj. 6. The Headmaster, Girls High School, Kishanganj.....Respondents. ----------- 2. 23.6.2009. Heard the learned counsel for the petitioner and the respondents. Petitioner has retired from his services on 31.1.1999. Till the date of his retirement, he was not allowed Selection Grade, though, entitled for the same. Since after his retirement, pension was not being fixed and paid to the petitioner, he moved before this court by filing C.W.J.C. No. 7813 of 2001. In this writ application, petitioner had also made a grievance regarding not allowing him Selection Grade though entitled for same. The writ application was disposed of in terms of Rukmini Devi Vs. The State of Bihar and others reported in 1996( 2 ) P. L.J.R. 348. It seems that while the case of the petitioner was being considered for fixation of his pension, respondents also considered his claim for grant of Selection Grade and by order dated 2.6.2002 contained in Memo No. 2056 Selection Grade was allowed to him in the pay scale of Rs. 2200-4000/- with effect from 1.1.1986. Though Selection Grade and scale was allowed, petitioner’s salary was not - 2 - fixed in the scale of Selection Grade and he was not paid his difference of the arrears of salary, fixing his salary in the Selection Grade scale. Accordingly, his pension was also not fixed in the revised Selection Grade scale. Petitioner’s case is that he made several representations before the appropriate authority in this regard but not responded by the authorities. Subsequently, an order contained in Memo No. 1218 dated 13.9.2007 was issued from the office of Regional Deputy Director of Education, Purnea Division, Purnea, whereby date with effect from which Selection Grade was allowed was amended. This letter disclosed that date allowing Selection Grade was wrongly mentioned in the earlier letter dated 2.6.2002 as 1.1.1986 instead of 1.4.1987. The earlier order was modified and the date allowing Selection Grade to the petitioner shown as 1.4.1987 instead of 1.1.1986. Petitioner’s case is that in spite of these orders, till date his salary has not been fixed in Selection Grade Scale and payment made of arrears of difference of salary. Consequence to this latches on the part of respondents his pension has also not been fixed in the revised scale of Selection Grade. Counsel for the State was questioned about the reason for such inaction on the part of the respondents and in reply he prayed for some time for filing counter-affidavit. I do not feel that any counter-affidavit is required in this case for the reason that Annexure-2 is self explanatory regarding entitlement of the petitioner. - 3 - Accordingly, this writ application is disposed of with a direction to the Director, Secondary Education, Bihar, Patna, the Regional Deputy Director of Education, Purnea Division, Purnea and the District Education Officer, Kishangasnj ( respondent nos. 3,4 and 5) to take appropriate steps in this regard . The respondents are directed to fix the salary of the petitioner in the revised scale of Selection Grade with effect from 1.4.1987, to make payment of difference of arrears of salary to the petitioner with effect from 1.4.1987 and to fix his pension in the revised scale and make payment of difference of arrears of pension in the revised scale as well as start making payment of revised pension. The respondents are further directed to complete this exercise within six weeks from the date of production/communication of the order and to make payment to the petitioner within eight weeks from the date of production/communication of the order. This writ application is disposed of with the aforesaid observations and directions. U.K. (Mridula Mishra,J)