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Judgment
Navaniti Prasad Singh, J.—No one appears on behalf of the petitioner.
State is present.
In this case the petitioner, which is an association of Bihar State Primary Teachers has challenged the resolution of the State Government, dated 31.12.1997, by which bonus granted has been restricted to people of the pay scale of Rs. 1800- 3300/- or below. It appears that on 4.11.1997 government resolved to give bonus to all employees equivalent to that granted by the Central Government to Class III and IV employees without there being any ceiling of scale of pay. Some members of the Association were also paid bonus. Immediately come Annexure 2, dated 31.12.1997 by which the pay scale has been duly provided. Thus, entitling the substantial number of petitioner''s members. It further provided for recovery of any amount paid to the persons ,who are not entitled being the persons ,who are in the pay scale more than Rs. 1800-3300/-.
A counter affidavit has been filed in which it is stated that the decision in respect of bonus for the year 1996-97 was taken when there was strike of non gazetted employees in the Secretariat. Government could not acquaint itself that in the past i.e. 1995-96 bonus was restricted to lower pay scale and as such Annexure 1 was issued by mistake. Annexure 2 only restores the status and corrects the mistake. Thus, in my view, the position having been validly explained by the State, there is no illegality in Annexure 2.
The writ petition merits no consideration and is dismissed.