Sanjiv Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10369 of 2011 ====================================================== Sanjiv Kumar, son of Late Ram Kishore Prasad, resident of Village Srirampur, P.S.- Akbarnagar, Distt.- Bhagalpur .... .... Petitioner

Versus

1. The State of Bihar

2. The Director, Primary and Secondary Education, Govt. of Bihar, Patna

3. The District Superintendent of Education, Bhagalpur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sharad Kumar Sinha, Adv. For the Respondent/s : Mr. AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-02-2016 Heard Sri Amit Kumar Anand, learned counsel for the petitioner and learned AC to SC-13.

The present writ petition has been filed with a prayer to direct the Respondents to allow him Matric Trained Scale with effect from 29.01.1982, the date on which the petitioner was appointed as Physical Trained Teacher. In the writ petition itself, it has been indicated that after acquiring higher qualification of Batchelor of Arts, the petitioner was granted Matric Trained Scale with effect from 13.08. 1988.

After gap of several years, even the date on which he was granted Matric Trained Scale, the present writ petition was filed in the year 2011 for directing he Respondents to grant Matric Trained Scale with effect from his initial date of appointment.

Patna High Court CWJC No.10369 of 2011 (4) dt.04-02-2016 2/2 Meaning thereby that the petitioner is raising the issue in respect of scale granted to the petitioner at the time of his initial appointment, whereas after appointment without any objection, the pay scale was accepted by the petitioner. The Court is of the opinion that in such a situation, no positive order can be passed. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U