IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16443 of 2008 Ram Chandra Prasad Singh, Son of Late Deoki Nandan Singh, resident of Village Dubiyahi Ram Krishna, Police Station Saraiya, District Muzaffarpur, presently posted as Incharge Headmaster at Government Middle School, Aropur, Police Station Saraiya, District Muzaffarpur………………………………..……………………………..Petitioner Versus 1. The State Of Bihar. 2. The Commissioner – Cum - Secretary, Education Department, Vikash Bhawan, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Education Officer, Muzaffarpur. 5. The District Superintendent of Education, Muzaffarpur. 6. The District Magistrate, Muzaffarpur……………………………………………………………..…Respondents ------------ 4 24.11.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. From Annexure-6 to the writ application it appears that the cases of 22 teachers were examined and it was found that they had wrongly been appointed directly in the B.Sc. trained pay-scale. Hence, it was objected to by the Audit Team and it was decided that the District Establishment Committee shall take a decision in this regard and, if necessary, excess amount paid to them shall be recovered. Learned counsel for the petitioner 2 submits that out of 17 teachers named in the said Annexure-6, only petitioner was reverted to Matric trained pay-scale by the impugned office order of the District Superintendent of Education dated 14.12.2007 (Annexure-7) whereas other 16 continued in the B.Sc. trained scale. On query, learned counsel for the petitioner admits that although the said 16 persons joined in the same year of their appointment i.e. in 1988 whereas petitioner joined the school after two years i.e. on 31.08.1990. Clearly, petitioner joined his post two years after his appointment. Now petitioner claims that his case should also be considered for grant of B.Sc. trained scale from the date of his joining, as was done in the case other teachers, who had joined in 1988 pursuant to the same selection process. Grant of graduate trained scale is a matter of eligibility and seniority in the cadre. The materials available on records of this case are not sufficient enough to hold that petitioner is entitled for 3 graduate trained scale from the date of his joining. In the circumstances, petitioner may file an exhaustive representation before the Director, Primary Education, Bihar, giving all the details to establish his entitlement for the graduate trained scale from his date of joining. If he does so within four weeks from today, the Director, Primary Education shall examine the matter and pass a speaking order in accordance with law within two months thereafter, if necessary, by affording an opportunity of personal hearing to the petitioner. This writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)