M.Y. Eqbal, J. - (1.) Heard the parties.
(2.) The petitioners, who are the teachers claim the pay scale of Rs. 5.000 -8.000/ -which according to them was payable w.e.f. 1.4.1997 as per 5th Pay Commission recommendation, alleged to have been implemented by the Government of Bihar.
(3.) Petitioner's case is that in 1980, the District Superintendent of Education, Dhanbad published an advertisement calling for application for appointment of untrained Science Teacher having qualification of B.Sc. Pursuant to the aforesaid advertisement, they applied for appointment but they were not appointed. Petitioners then filed writ petition being C.W.J.C. No. 158 of 1989(R) and pursuant to the direction of this Court in the order dated 13.7.1999 passed in the aforesaid writ petition, petitioners were appointed as Science Teachers in 19.89. It is contended that in 1989, petitioners were wrongly given pay scale of Rs. 535 -735/ - as the pay scale for untrained teachers was Rs. 680 -965/ -and therefore, petitioners filed representation in 1992 before the Director, Primary Education. Bihar. Patna. When the representation of the petitioners was not considered, they filed C.W.J.C. No. 10786/1993 in the Patna High Court. However, they subsequently withdrew the said writ petition, in 1994, they were given seniority over other teachers. In 1994 petitioners were given pay scale of B.Sc. untrained Science Teachers of Rs. 680 - -965/ -During this period, petitioners said to have passed their correspondence Teachers Training Education, from Centre for Social Welfare Development. Madras, which is equivalent to B.Ed. degree.;