Bihar Intermediate Education Council and Others vs Girish Prasad Sinha

V.N. Sinha, J.—Bihar Intermediate Education Council has filed this review application praying therein to recall the order dated 14.12.2004 passed in CWJC No. 9566 of 2004 whereunder this Court directed the Intermediate Council to pay the retrial dues of the private respondent in the pay scale of Rs. 12,000-15,500/- as he superannuated while serving in the intermediate Council on the post of Deputy Secretary with effect from 31.12.99. During the pendency of this Review petition, the Intermediate Council has merged with Bihar School Examination Board (Senior Secondary). The ground taken in support of this review application is that the authorities of the Council were not aware when this Court passed order dated 14.12.2004 that the petitioner was not entitled to the replacement scale of 3700-5000/- as the said scale itself was given to him under office order dated 10.4 1999 alter he recorded an undertaking before the Counsel that if any discrepancy is noticed subsequently, as regards the grant of scale, he shall refund the amount which has been paid in excess and the excess amount paid to him be adjusted from his retrial dues which undertaking is dated 11.5.1999 and contained in Annexure-D to this application.

Counsel for the writ petitioner (private respondent) states that the facts which have persuaded the Council to file the review petition should have been brought before this Court by filing the counter affidavit in the writ petition. In any case, the Council should not be allowed to take benefit of the recommendations of the committee constituted subsequently.

Without going into correctness or otherwise of the submission aforesaid, I recall the order dated 14.12.2004 with a direction to the private respondent to appear before the Secretary of Bihar School Examination Board (Senior Secondary) and submit before him that he was rightly granted the scale of 3700-5000/- replacement scale whereof is 12,000-16,500/-, and there is no occasion for the authorities to recall such scale as recommendation of the committee which was constituted subsequently, after passing of the order dated 14.12.2004, was only to make the scale prospective and not retrospective so as to apply in the case of service holder who have already retired.

Let the petitioner appear before the Secretary, Bihar School Examination Board (Senior Secondary) on 31.5.2007 on which date, the Secretary should first handover the revalidated cheque for the retiral dues of the petitioner, and thereafter, receive his representation containing the aforesaid submission and dispose of the same as early as possible, in any case, within 30 days from the date of receipt by passing a reasoned order. It is made clear that until reasoned order is passed, no further recovery shall be made from the retiral dues of the petitioner. This review application is accordingly, disposed of. It goes without saying that if the representation is disposed of against the petitioner, then the petitioner shall be at liberty to assail the same before the appropriate forum.