SACHCHIDANAND DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) PURSUANT to the earlier order though the Director (Administration) Department of Primary, Secondary and Adult Education, Bihar, Patna, is present but the Secretary of the aforesaid department is not present. An application has been filed. I.A. No. 4272 of 2007, praying therein that his personal appearance may be exempted as he is busy in attending official meeting at Lucknow. In view of the facts mentioned in I.A. No. 4272 of 2007, such prayer of the Secretary of the department for his exemption is allowed.

(2.) A counter -affidavit has been filed on behalf of respondent nos. 1 and 2 and the Director (Administration), who is also present in the Court, has claimed that whatever amount admissible and payable to the petitioner has already been paid.

(3.) LEARNED counsel for the State sub - mits that so far admissible amount of promotion is concerned, it will be paid but there is one difficulty on the part of the State Government in making payment of the salary in the pay scale of Rs. 4100 - Rs. 5300 (old scale) because earlier when the scale was granted to the petitioner by order dated 22.8.2000, the financial benefit of the scale was subject to concurrence and approval of the Finance Department. By another order dated 18.2.2003 it has been sought to be conveyed that the Finance Department has concurred that financial benefit on the promoted post of super time scale would be given only from such date from which the person concerned had held the post of Regional Deputy Director of Education, Bihar, Patna. In the order dated 18.2.2003 the name of the petitioner has been shown at serial no. 8 and he is shown to have entitled only for the period from 1.2.1981 to 28.2.1990.