SACHITAKUMARSINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by Dr. Sachita Kumar Sinha with a prayer for payment of bis salary with all admissible allowances and retirement benefits for the post of Additional Director of Secondary Education with effect from 6.8.1988 till 9.5.1990 and also for the post of Director (Secondary Education) Bihar, Patna with effect from 10.5.1990 till 31.12.1991, the date of retirement of the petitioner.

(2.) The case of the petitioner is that he is an Officer of Class I Bihar Education Services since 1976 and while he was posted as Deputy Director of Education in the pay scale of Rs. 3700-5000 he was appointed to the post of Additional Director of Secondary Education to which post the petitioner worked from 6 8 1988 to 9 5.1990 Thereafter by another notification dated 10.5.1990 the petitioner was asked to discharge the duties of the Director (Secondary Education) in addition to his own work of Additional Director of Secondary Education (Headquarters). The order by which the petitioner was so appointed to the posts of Additional Director of Secondary Education and Director (Secondary Education) are contained in Annexures 4 and 5 of the writ petition.

(3.) The petitioner's grievance is that he has an up-blemished service career and he worked in the said post of Additional Director of Secondary Education (Headquarters) and Director, Secondary Education but he has been denied the pay attached to the aforesaid two posts. For the post of Additional Director of Secondary Education (Headquarters) the sanctioned scale of pay is Rs. 4500-5700 as revised by the 5th Pay Revision Committee with effect from 1.1.1986 and the post of Director, Secondary Education carries the scale of pay of Rs. 5100-6300 as per the aforesaid revision. The petitioner has retired on 31.12.1991 but the Account General, Bihar, did not sanction his pension in the higher scale of pay but sanctioned his full pension in the lower scale of Rs. 3000-4500 even though the petitioner worked as the Director, Secondary Education as would appear from the pension payment order The petitioner's further case is that his services were not only un-blemished but the said services were appreciated from time to time by R. K. Shrivastava, Commissoner, Human Resources Development Department, Bihar, Patna, as would appear from Annexure-1 to the writ petition.