- (1.) HEARD the parties.
(2.) IT is the case of the petitioner that the petitioner was appointed as Assistant Teacher on 30.3.1964 on untrained graduate (B.Sc.) scale at Rajya Samposit High School, Simariya, district -Hazaribagh (presently Chatra). Subsequently, in the year 1995 he was transferred to High School, Pradhankh Kanta, district -Dhanbad as Assistant Teacher and got retired on his superannuation on 31.12.2001. But the petitioner was never given time bound promotion in terms of Resolution No.3/PRC -3/41 B10770 dated 30.12.1981 issued by the Finance Department, Government of Bihar, neither he was given selection grade pay scale in terms of Resolution No.6022 B(2) dated 18.12.1989 issued by the Finance Department, Government of Bihar, nor he was given revised pay scale with effect from 1.1.1996 under Resolution No.660(F/2) dated 8.2.1999 issued by the Finance Department, Government of Bihar and as such, the petitioner was denied scale of Rs.6500 -200 -10500/ -and under this situation, the petitioner made representation before the authorities but they did not choose to take decision on the representation submitted by the petitioner. A counter affidavit has been filed on behalf of the District Education Officer,Dhanbad, stating therein that petitioner is never entitled to get pay on the revised scale of Rs.6500 -10500 with effect from 1.1.1996 as only trained graduate getting time bound promotion and selection grade would be entitled to have pay on that scale whereas petitioner is untrained graduate and that apart, under Resolution of the Government untrained graduate teacher is entitled for only first time bound promotion which he had already been granted in the scale of Rs.850/ -which was later on revised in the pay scale of Rs.1200 -2040/ -(former pay scale of Rs.785 -1210/ -and accordingly, sanction for payment of the pension was granted on the pay scale of Rs.4500 -7000/ -which was objected by the office of the Accountant General by taking plea that untrained teacher is entitled to pay scale of Rs.4000 -6000/ -but the objection of the Accountant General is unfounded in view of the Resolution of the Government as contained under letter no.6022 dated 18.12.1989.
(3.) HAVING heard learned counsel appearing for the parties and taking into consideration the pleading of the parties, it does appear that the petitioner has put forth his entitlement on the basis of decision taken by the Government under Resolution No.6022 (F/2) dated 18.12.1989 showing senior scale (after 12 years) as Rs.1400 -2600/ -under Schedule II of the said circular and has also put forth the claim on the revised scale in terms of Annexure 3 to the Resolution as contained in letter no.660 (F/2) dated 8.2.1999 but the counter affidavit never seems to have been filed keeping in view the said provision.;