R.K.MERATHIA, J. - (1.) THE petitioner claims time bound promotion, increments and matriculate trained pay scale.
(2.) ACCORDING to the petitioner, he became matriculate trained in the year, 1967 -69 during the service period from Basic Training School, Simarta. He also entitled for revised pay scale since 1993 as other persons are getting matriculate trained pay scale. The stand of the respondents in the counter -affidavit is that the petitioner was suspended by the District Superintendent of Education, Hazaribagh vide Memo No. 6161 dated 16.10.1993. Departmental proceeding was initiated against the petitioner. Though the charges were not established, the enquiry officer recommended to severely warn the petitioner to improve the roll strength of the students. The Committee resolved in the meeting held on 27.6.1996 that the petitioner be reinstated and transferred to some other place. It was further resolved that the petitioner will not get anything more than the subsistence allowance during the suspension period. The petitioner filed a writ petition being W.P. (S) No. 252 of 2002 to pay the salary during the period of suspension i.e. from 13.10.1993 to 27.6.1996. The petitioner was given liberty to approach the District Superintendent of Education, Hazaribagh and decision in respect of payment of salary for the period of suspension was to be taken as per Rule 97 of the Bihar Service Code and communicated to the petitioner within six months from the date of representation as may be preferred by him.
(3.) IT appears that by office order contained in Memo No. 2176/Hazaribagh dated;