Ram Lakhan Singh vs The State Of Bihar And Ors
2023 Latest Caselaw 5476 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
           Civil Writ Jurisdiction Case No.3225 of 2008
======================================================

Ram Lakhan Singh, Son of Late Rohan Singh, Resident of Village- Lodipur, Police Station- Akangarsarai, District- Nalanda.

... ... Petitioner/s Versus

1. The State of Bihar.

2. The District Superintendent of Education, Nalanda.

3. The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Ms. Sweta Raj, Advocate For the Accountant General : Dr. Anand Kumar, Advocate Mr. Ramesh Gupta, Advocate For the State : Dr. Prabhakar Thakur, AC to GA-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Date : 31-10-2023

1. Heard learned counsel for the petitioner and learned

counsel for the respondents.

2. The petitioner has filed the instant application

praying for quashing the letter no.778 dated 8.11.2007 issued

under the signature of the Accountant General, Bihar, Patna, by

which he was pleased to hold that the petitioner is not entitled to

get the pay scale of Rs.6500-10500/-; further for directing him to

fix the scale of the petitioner and direct him to pay the pension

and gratuity.

3. The case of the petitioner is that he was appointed

on 28.2.1959 as a Headmaster in Middle School Pochura Bardh

in the District of Patna. At the time of joining he was I.A. trained.

He was granted Junior Selection Grade on 1.4.1981 and that the

Senior Selection Grade in I.A. trained scale on 1.4.1989. It is the Patna High Court CWJC No.3225 of 2008 dt.31-10-2023

case of the petitioner that the Senior Selection Grade in

intermediate trained scale is equivalent to initial pay scale of a

graduate trained scale. The petitioner retired on 31.12.1998 from

the post of Headmaster from Middle School, Kazichak, Nalanda.

The respondents paid the provident fund amount, leave salary,

L.I.C and differential of pay scale to the petitioner. On the

Service Book and other documents being sent by the District

Superintendent of Education, Nalanda to the Accountant General,

Bihar, Patna for grant of final pension and gratuity amount, the

Accountant General raised an objection with respect to the

incorrect fixation of the salary payable to the petitioner by the

District Superintendent of Education, Nalanda.

4. It is the case of the petitioner that his salary was

rightly fixed. The State Government vide notification dated

18.12.1984 has fixed salary in different pay scales being

intermediate trained teacher, the junior selection grade of

intermediate trained teachers and the senior selection grade of the

intermediate trained teachers. As such, it is submitted that the

letter impugned issued by the Senior Accounts Officer, Bihar,

Patna addressed to the District Superintendent of Education,

Nalanda stating that the B.A. trained scale is not payable to the

petitioner is incorrect, unsustainable and the same be quashed.

5. Learned counsel appearing for the respondents Patna High Court CWJC No.3225 of 2008 dt.31-10-2023

submits that the counter affidavits have been filed both by the

District Superintendent of Education, Nalanda as also the

Accountant General, Bihar, Patna. Referring to the counter

affidavit, it is submitted that the petitioner had an I.A. trained

qualification and from the very beginning the Government have

been sanctioning qualification based pay scales with selection

grade/time bound/senior scale promotion from time to time. The

fact that the petitioner is not a B.A. trained and also at the time of

retirement he retired as a I.A. trained Headmaster not being in

dispute, there is no illegality in the order as contained in letter

dated 8.11.2007 (Annexure-1) and thus, there being no merit in

the instant application, the same be dismissed.

6. Having heard learned counsel for the parties and

having perused the material on record, the fact that the petitioner,

both at the time of joining and at the time of retirement, was

working as Headmaster in I.A. trained, though on account of the

passage of time, he had been granted the Junior selection grade

as also the Senior selection grade in Intermediate trained scale,

there remains no doubt that neither the petitioner was a B.A.

trained Headmaster nor was he entitled to the same. With respect

to the statement made in paragraph no.8 of the writ application, it

may be observed that the same being the fact that the senior

selection grade in intermediate trained scale is equivalent to Patna High Court CWJC No.3225 of 2008 dt.31-10-2023

initial pay scale of a graduate trained scale being a bald statement

made in the writ application without any supporting documents,

the Court finds no force in the said submission made on behalf of

the petitioner.

7. In view of the facts and circumstances of the case,

the Court finds no merit in the writ application and the same is

dismissed.

8. It may be mentioned here that so far as the other

post-retiral dues are concerned, if not already paid, shall be paid

to the petitioner in the scale to which the petitioner is legally

entitled and in case any amount is not payable, on a

representation being filed by the petitioner, the reasons for non-

payment of the same shall be communicated by the respondents

by a reasoned order within a period of three months.

(Partha Sarthy, J)

avinash/-

AFR/NAFR
CAV DATE                N/A
Uploading Date          01.11.2023
Transmission Date       N/A