IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9966 of 1998 Abhay Kumar Singh, son of Sri Sita Ram Singh, resident of Village Senduar, P.S. Janta Bazar, Dist. Siwan, presently posted as Assistant Teacher, Middle School, Chakiya Chaturvedi, Anchal Bhagwanpur Hat (Siwan). ------ Petitioner Versus 1. The State of Bihar through Divisional Commissioner, Saran Division, Chapra. 2. District Education Officer, Siwan. 3. District Superintendent of Education, Siwan. -------- Respondents With CWJC No.641 of 2003 Abhay Kumar Singh, son of Sri Sita Ram Singh, resident of Village Senduary, P.S. Janata Bazar, Dist. Siwan, presently posted as Assistant Teacher, Middle School, Chakiya Chaturvedi, Anchal Bhagwanpur Hat, Siwan. --------- Petitioner Versus 1. The State of Bihar. 2. The Commissioner, Saran Division, Chapra. 3. District Superintendent of Education, Siwan. -------- Respondents ----------- 8 23.08.2011 Heard learned counsel for the parties. Having regard to the fact that the petitioner in this writ application has assailed the Gradation List of the Teachers of a Primary School of the year 1996 with a consequential relief for his promotion on the post of Headmaster, this Court would find that the whole issue now stands settled in view of the judgment of the Full Bench of this Court in the case of Ram Nath Prasad 2 Singh Vs. The State of Bihar & Ors. reported in 2009(3)PLJR 384, wherein, while holding the 1993 Rules intra-vires, a direction has been given for preparing and publishing final the seniority list for the purpose of considering the cases of promotion on the post of B.A. trained teacher and Headmaster. The apprehension of the petitioner that even when he was a matric trained teacher with effect from 15.5.1981 and persons junior to him were given such promotion in the B.A. Trained Scale of Pay as also on the post of Headmaster prior to the drawing of the fresh Gradation List in terms of the judgment of the Full Bench of this Court which, in turn, would jeopardise the interest of the petitioner even if he is held to be senior to them, is wholly misconceived, inasmuch as, now on the basis of redrawn seniority list, if the petitioner is found to be senior to such persons and still stands denied of the post of B.A. Trained Pay-scale and/or the post of Headmaster, he will definitely have a right to claim such promotion from the date his juniors were 3 given such promotion. This Court, however, in absence of the fresh seniority list in terms of judgment of Full Bench would not enter into the realm of speculation and would only grant liberty to the petitioner to represent his case before the District Education Establishment Committee, the appointing authority of the post of Teachers and Headmasters of Primary and Middle schools for ventilating his grievance as with regard to grant of B.A. Trained Scale of Pay and/or promotion on the post of Headmaster. With the aforementioned observation, this application is disposed of. Rsh (Mihir Kumar Jha, J.)