IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3066 of 2003 Md. Idris Ansari, Son of Md. Shamsuddin Ansari, Resident of Soni, P.S. Karaghar, District Rohtas. --------- Petitioner Versus 1. The State of Bihar. 2. The Commissioner cum-Secretary, Department of Human Resources, Government of Bihar. 3. The Director, Primary Education, Government of Bihar. 4. District Magistrate, Rohtas. 5. District Superintendent of Education, Rohtas. ---------- Respondents ----------- 3 04.08.2010 Heard Mr. Kamaluddin and Mr. Surendra Kumar Singh, learned counsels for the petitioner and counsel for the State. The prayer of the petitioner in this writ application reads as follows:- “1(i) To issue an appropriate writ order or direction commanding the respondents to grant B.A. Trained Scale to the petitioner with effect from 22.3.1990 with all consequential benefits. (ii) To issue an appropriate writ order or direction commanding the respondents to promote the petitioner on the post of Head Master as the petitioner is M.A. Trained Teacher and many of his Juniors have already been promoted on the said post. (iii) To issue an appropriate writ order or direction commanding the respondents to give all consequential benefits including arrears of salaries on account of 2 promotion on the post of Head Master from the date of his Juniors have already been given.” Mr. Surendra Kumar Singh, learned counsel for the petitioner, would submit that though the petitioner had passed the training examination on 22.3.1990 but, the persons, who had passed such training examination after 22.3.1990, were given promotion in the B.A. Trained Scale of Pay and also made Headmaster and therefore, the petitioner stands discriminated in the matter of his promotion. A counter affidavit has been filed in this case, wherein, the respondents have explained their stand in paragraph nos. 10 & 11, which reads as follows:- “10. That it is stated that since the petitioner was initially appointed in Matric untrained scale and thereafter he passed training examination on 22.3.1990 and consequently he was granted I.A. trained scale w.e.f. 22.3.1990. As per rule of seniority is counted from the date of passing of training examination and the date of grant of trained scale. Petitioner was granted I.A. trained scale w.e.f. 22.3.1990 therefore, obviously his seniority 3 will be counted from the date i.e. 22.3.1990. 11. That it is apparent from memo no.980 dated 1.10.1997 itself that the promotion of Headmaster who were working in the graduate trained scale till 31.12.1988 against the vacancies of headmaster available on 31.12.1985. It would appear from annexure-3 itself that all the teachers to whom promotion was granted to the post of head master were working in graduate trained scale since before 31.2.1985.” Let it be noted that such counter affidavit was served on the counsel for the petitioner way back on 14.8.2006 but, there is no denial to either of the two facts and therefore, once this is admitted that the petitioner’s date of passing the training examination was 22.3.1990, his promotion could be only considered under the 1993 Rules, which envisages drawing of a combined gradation list for which a direction has been issued by this Court in the case of Ram Nath Prasad Singh Vs. State of Bihar & Ors. reported in 2009(3)PLJR 384. Now when such exercise has to be made for considering the grant of B.A. 4 Trained Scale of pay and also the post of Headmaster in view of the gradation list, this Court would only give liberty to the petitioner to approach the competent authority and claim his promotion from a date on which his any alleged junior had been given such promotion. At least from the counter affidavit, the case of the petitioner as with regard to his juniors being given promotion is not made out and, therefore, the petitioner’s claim for promotion can now be considered only in the light of the judgment in the case of Ram Nath Prasad Singh (supra). With the aforementioned observation and liberty, this application is disposed of. Rsh (Mihir Kumar Jha, J.)