IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2852 of 2009 TRIVENI PRASAD Son of late Ram Chandra Prasad, Resident of Mohalla- Daulatganj, P.S. Bhagwan Bazar, District- Saran. Retired Assistant Head Master, Middle School, Tajpur, P.S. Manjhi, District- Saran -------------Petitioner. Versus 1. SRI ANJANI KUAMR SINGH, I.A.S., Principal Secretary, Education Department, Govt. of Bihar Patna. 2. The State of Bihar. ----------- Opposite parties. 7. 19.01.2011 The petitioner is aggrieved by the fact that the Principal Secretary has passed an order rejecting the claim of the petitioner for grant of B.A. trained scale. It is submitted on behalf of the petitioner that the DSE has recommended for grant of B.A. trained scale to the petitioner. This Court had directed that the vacancies in the post had to be considered before higher scale is granted. It is apparent as far as the vacancies are concerned, the District Superintendent of Education has not made any comment nor has this aspect of the matter been considered by the Principal Secretary Secondary Education. Both of them have based their findings on the fact that certain junior persons were granted B.A. trained scale. The answering deponent has come to the conclusion that scales have been wrongly granted to certain persons which need to be 2 rectified. The order of this Court is complied with inasmuch as an order has been issued taking into consideration the petitioner’s claim. Petitioner challenges the order of the Principal Secretary stating therein that he has not considered, the fact that the petitioner was senior in the gradation list and that the District Superintendent of Education while issuing memo no.1023 dated 2.11.2010 has recommended that the petitioner should be granted the graduate trained scale for the reason that persons junior to the petitioner, at serial nos. 73 and 75 has been granted the scale whereas opposite party no. 1 has rejected the claim of the petitioner that the juniors have wrongly been granted promotion. The order of the Court is complied, the petitioner would have the liberty to challenge the order before appropriate forum. This contempt application is disposed of. Anand Kr. ( Sheema Ali Khan, J.)