MOHIT KUMAR SHAH, J.:–Regard being had to the commonality of the controversy in the aforesaid batch of writ petitions, it was thought apposite to hear them analogously and accordingly they were heard together with the consent of the parties and are being disposed off by the present singular order.

2. As far as the second writ petition i.e. CWJC No. 4176 of 2017 is concerned, it has been submitted by the learned counsel for the petitioners that the issue involved therein is the same as is involved in the other two writ petitions.

3. The aforesaid batch of writ petitions are directed against the decision of the Senior Account Officer, office of Accountant General, (A & E), Bihar, Patna as also the action thereupon by the State Government authorities whereby and whereunder one financial increment equal to 3 per cent of the sum of the pay in the pay-band has been denied. The petitioners have further prayed for directing the respondents to fix the pension of the petitioners on the basis of their last pay drawn and refund the curtailed amount of pension.

4. For the sake of convenience, the facts of the first case i.e. CWJC No. 10681 of 2017 (Tej Pratap Vs. The State of Bihar & others), is being taken up.

5. The case of the petitioner of the said writ petition bearing CWJC No. 10681 of 2017 is that he was appointed as Assistant Teacher under the Matric Trained scale on 10.05.1988 and was posted in the Girls Middle School, Narwar, Baikunthpur, whereafter he was granted promotion in the B.Sc. trained scale of Rs. 1640-60-2000 by the District Education Establishment Committee vide Memo dated 18.06.1996. While the petitioner was working in graduate trained pay-scale of Rs. 5500-175-9000/-, he was granted senior selection Grade-II in the pay-scale of Rs. 6500-200-10500/-, after completion of 12 years of service, with effect from 18.06.2008. On the basis of 6th Pay-Revision, the scale of the petitioner was revised to Rs. 9300-34800 with grade pay of Rs. 4800 and an order to the said effect was issued by the District Programme Officer, Gopalganj vide Memo dated 02.05.2013. Subsequently, in view of coming into force of the Bihar Primary School Teacher Promotion Rules, 2011, the District Primary School Promotion Committee held its meeting on 11.04.2013 and the name of the petitioner along with others was considered for promotion whereafter promotion was granted to the petitioner on the post of Headmaster Grade-III in the pay-scale of Rs. 9300-38400/- with grade pay of Rs. 4800/- in the pay band-II vide office order dated 01.05.2013 and finally he superannuated from service with effect from 31.03.2015. The pension papers of the petitioner was sent to the office of the Accountant General, however, the Senior Account Officer, Bihar, Patna raised an objection, with regard to the benefit of 3 per cent increment given to the petitioner and with the said objection, the service book of the petitioner was returned back to the District Programme Officer, Establishment, whereafter the District Programme Officer, Establishment, Gopalganj removed the said objection by mentioning it in the service book of the petitioner that he was promoted from senior selection grade to the post of Headmaster on 01.05.2013 in view of the Departmental Promotion Rule, 2011, hence he is entitled for three per cent increment and then the pension papers of the petitioner along with his service book was again sent back to the office of the Accountant General.

Thus, in nutshell the objection raised by the office of the Accountant General is that the grade pay of Rs. 4800/- is the same for senior selection grade as also for the post of Headmaster, hence the petitioner is not entitled for 3 per cent increment. It is a matter of record that the office of the Accountant General had again raised the same objection and returned the pension papers along with the service book of the petitioner, whereafter the petitioner had filed a representation, however, to no avail. In this regard, relian