IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1925 of 2003 MD.SAMI AHMAD, son of Md. Sabud Ali, Assistant Teacher, Middle School, Naya Nagar, P.S. Udakishunganj, District Madheura. Versus 1.THE STATE OF BIHAR 2.The District Superintendent of Education, Madhepura. 3.The District Magistrate, Madhepura. ----------- 3 26.7.2010 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “That this is an application for a direction to Respondent no.2 to consider the case of the petitioner for the post of Headmaster, Middle School under the circumstances of the case.” Mr. Om Prakash Upadhayay, learned counsel for the petitioner with reference to the aforementioned relief would draw attention of this Court to paragraph nos. 6 to 8 to the writ petition to submit that at least two persons junior to the petitioner, namely, Nawlesh Singh and Prem Shankar Mishra despite being junior to the petitioner had already been given such promotion on the post of Headmaster ignoring case of the petitioner. He would therefore submit that the petitioner would be entitled for grant of promotion on the post of Headmaster at lease from the date the aforementioned Nawlesh Singh and Prem Shankar Mishra had been granted such promotion on the post of Headmastr. In this case counter affidavit has been filed by the respondents, wherein the District Superintendent of Education, 2 Madhepura (D.S.E.) has taken a stand that pursuant to the decision taken by the Full Bench of this Court a fresh gradation list are being prepared and promotion would be given in the light of the observation/direction given in the full Bench judgment in the case of „Ram Nath Prasad Singh & Ors. Vs. The State of Bihar & Ors.’ reported in 2009 (3) P.L.J.R. 384. This Court would, however, find that in the counter affidavit the plea that the juniors to the petitioner had been given such promotion has not at all been explained and therefore while this Court would follow the ratio of the Full Bench judgment in the case of Ram Nath Prasad Sisngh (Supra), it would also like to make it clear that if juniors to the petitioner had been given such promotion on the post of Headmaster with monetary benefit, same treatment would also be extended to the petitioner. It however the juniors to the petitioners had been wrongly granted such promotion, the respondents will be at liberty to cancel the same before the same benefit is denied to the petitioner. In order to expedite the matter the petitioner is given liberty to file a compact representation to the D.S.E. Madhepura and upon receipt of such representation along with a copy of this order, he would place the matter before the District Education Establishment committee and the Committee would take its final decision in this regard. Such exercise must be completed by the Committee within a period of six months from the date of filing of the representation by the petitioner along with a copy of this order 3 and if any amount is also found payable to the petitioner the same would be also paid to him in the next three months. Let it be however made clear that this Court has not gone into merits of claim of the petitioner and the same has to be decided by the respondents strictly in accordance with law. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)