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Patna High CourtCWJC/18047/2023disposed

Dharmendra Kumar, v. The State Of Bihar

2025-07-01Mr. Justice Nani Tagia5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18047 of 2023 ====================================================== Dharmendra Kumar, Son of Late Ram Chandra Mochi, Resident of VillageDhanama, Police Station- Chandradeep, District- Jamui, presently posted as Assistant Teacher Upgraded Middle School, Bhanpura, Block- Halsi, DistrictLakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

2.

The Director, Primary Education, Government of Bihar, Patna. 3.

The District Education Officer, (Establishment), Lakhisarai. 4.

The District Programme Officer, (Establishment), Lakhisarai. 5.

The Headmaster, Girls Middle School, Halsi, District Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy 1 (SC-13) Mr. B.B. Roy, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 01-07-2025 Heard Mr. Arun Kumar, learned counsel appearing on behalf of the petitioner and Mr. Jitendra Kumar Roy1, learned SC-13 appearing on behalf of the State.

2. The petitioner has filed this writ petition with the following prayers:

"(i) A writ in the nature of certiorari setting aside the illegal pay fixation done by the respondent No. 5 in pursuant to Letter No. 500 dated 10.03.2021 issued from the level of Respondent No. 4 as contained in Annexure-5 whereby in context to Letter No. 432 dated 20.04.2020 issued from the level of Respondent

2/5 Director, Primary Education (Respondent No.2) the Respondent Headmaster (Respondent No. 5) has been directed to re-fix the pay scale and take steps for recovery of excess payment made to teachers who have been appointed after 31.12.1995 and after completion of 12 years of salary they have been given higher pay scale, however has been mentioned that if the claim of concerned teacher is concerned by any judgment then that should be apprised to the undersigned but contrary to that petitioner's pay scale has been illegally re-fix without taking into consideration the judicial pronouncements on that basis petitioner was given benefit the respondent No. 5 has illegally re-fix the pay scale lower down the salary of the petitioner and effected the same since September 2023 monthly salary causing huge monetary loss to the petitioner.

(ii) For further direction upon the Respondents specially Respondent No. 4 not to give effect the re-fixation of pay of the petitioner done in pursuant to Letter No. 500 dated 10.03.2021 (issued by Respondent No. 4 and stay the operation of the same till final decision of the case.

(iii) For direction upon the respondent No. 4 not to recover the salary already paid to the petitioner in pursuant to pay fixation made by the competent authority in view of Government Letters issued in pursuant to different judicial pronouncements of this Hon'ble court in this regard."

3. Counter affidavit has also been filed by the respondents.

4. By referring to Annexure-R/4 of the counter

3/5 affidavit filed by the respondent no. 4, which is an Office Order issued by the District Programme Officer (Establishment), Education Department, Lakhisarai vide Memo No. 1446 dated 15.04.2024, learned advocate for the petitioner has submitted that the relief sought for by the petitioner has been granted but the monetary benefits in terms of the aforesaid Office Order has not been paid to the petitioner by the respondents.

5. The Office Order dated 15.04.2024, referred to hereinabove as Annexure-R/4 of the counter affidavit, is extracted hereinbelow:

6. Learned Government advocate representing the

4/5 respondents has also submitted that by the aforesaid Office Order, the petitioner has been granted Grade Pay of Rs. 4600/- with effect from 20.06.2017.

7. Under the circumstances, learned advocate appearing for both the parties have submitted that this writ petition may be disposed off with a direction to the respondents to pay the petitioner Grade Pay of Rs. 4600/- with effect from 20.06.2017.

8. As submitted by the learned counsel for both the parties and in view of the Office Order issued by the District Programme Officer (Establishment), Education Department, Lakhisarai vide Memo No. 1446 dated 15.04.2024, granting the petitioner Grade Pay of Rs. 4600/- with effect from 20.06.2017, this writ petition is hereby disposed off with a direction to the respondents to pay to the petitioner Grade Pay of Rs. 4600/- with effect from 20.06.2017, in terms of the Office Order issued by the District Programme Officer (Establishment), Education Department, Lakhisarai vide Memo No. 1446 dated 15.04.2024, as extracted hereinabove, if not already paid to the petitioner.

9. The payment as directed above, if not already paid to the petitioner, shall be made within a period of four weeks from today.

5/5

10. The writ petition is disposed off with the above direction.

(Nani Tagia, J) Nilmani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 03.07.2025 Transmission Date N/A