IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1520 of 2001 SURENDRA PANDEY & ORS Versus THE STATE OF BIHAR & ORS ----------- 8 9.4.2009 Heard learned Counsels for the petitioners and the State. I.A. No.1195/2009 has been filed for leave to delete the private respondent nos.4 to 19 from the cause title. The I.A. application is allowed and the petitioner is permitted to delete private respondents at his own risk. The petitioners were appointed as teachers in the Isc trained scale in between 1.6.1976 to 1.4.1977. They acquired the Bsc trained qualification in between 1984 to 1988. It is their case that upon acquiring the Bsc trained qualification they become entitled to fixation of seniority in the Bsc trained scale from the date of their appointment on the Isc trained scale. Reliance for the same is placed on a Bench decision of this Court reported in 1992(2) PLJR 309 (Badri Narain Verma & anr Vs State of Bihar & ors.). They are therefore required to be placed above in Seniority over those appointed after them but in the Bsc trained scale. Such persons have been promoted to the post of headmaster. The petitioners are suffering not only on account of seniority in the Bsc trained scale but have consequently also been denied consideration for promotion to the post of headmaster. The prayer therefore is to grant them seniority to the post of Bsc trained scale and consider them for promotion to the post of headmaster from - 2 - the date that the aforesaid persons have been granted such promotion. The petitioners came to this Court earlier for the same relief. The writ application was dismissed for non prosecution and restoration was also denied. L P A no.834 of 2000 preferred against the same was also dismissed. Learned Counsel for the State has no objection to the disposal of this application for consideration of the case of the petitioners for promotion in the light of the decision of this Court in the case relied upon by the petitioners. This Court considers it appropriate to clarify that in no condition that the petitioners shall be entitled to monetary benefit of the promotion prior to 25.9.2000 the date on which their LPA application came to be dismissed. Let such consideration be done and appropriate orders for promotion from the due date be passed within a maximum period of four months from the date of receipt/ production of a copy of this order. Application stands disposed. (Navin Sinha,J.) A.Kumar