M.Y.EQBAL,J. - (1.) HEARD Mr. N.N. Tiwari. learned counsel for the petitioner and Mr. Tapen Sen. learned counsel lor the respondents.
(2.) IN this writ application the petitioner claims senior scale in accordance, with the policy decision of" the Government which was circulated by letter No. 3088 dated 29.11.1995. The petitioners case is that he was appointed as Assistant teacher in 1969 and after the school became Government aided approved school with effect from 1978. The petitioners case for senior scale was recommended by the management but till date final decision has not been taken by the District Superintendent of Education. The stand of the respondent -management of the school is that during the period when the Government stopped salary to the teachers of the school, the management paid advance to the petitioner to the tune of Rs. 29,003.25 but the said amount has not been returned to the management. 2001 (3) JCR 19 (Jhr). 5. The District Superintendent of Education. Karichi is directed to consider the case of the petitioner and take a decision for payment of senior scale to the petitioner. Such decision must be taken within 30 clays from the date of receipt of a copy of this order. 6. Before parting with the order, must observe that when the petitioner was paid advance by the management during the period when he was not getting salary from the Government, then there is no reason why he will not refund the amount particularly when he has already got salary from the Government. However, taking into consideration all these facts, I allow six months time to the petitioner to refund the amount legally payable to the management. During that period the management shall not take any action against the petitioner for non -payment of advance. It is needless to say that if the petitioner fails to comply the direction of this Court then the management will be at liberty to take appropriate action in accordance with law. 7. With the aforesaid observation and direction, this writ application Is disposed of.;