IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12015 of 2007 PARMESHWAR PRASAD GOPE Versus THE STATE OF BIHAR & ORS ----------- 2 14.07.2009 This writ application was filed by the petitioner for grant of B.A. trained pay scale. It is submitted by the learned counsel for the petitioner that now the issue of grant of B.A. trained pay scale to the teachers of taken over schools has been decided by a Full Bench of this Court. Therefore, he submits that, this writ application may be disposed of with a direction to the authorities to consider the claim of the petitioner in the light of the law laid down by the said Full Bench. Accordingly, this writ application is disposed of with a liberty to the petitioner to file a representation before the respondent, District Superintendent of Education, Nalanda enclosing therewith all relevant documents for consideration of his claim within one month. In case such a representation is filed by the petitioner, the respondent District Superintendent of Education, shall consider the claim of the petitioner in the light of the judgment of the Full Bench and if he finds that the law laid down by the Full Bench is squarely applicable in the case of the petitioner, he shall pass necessary orders within three months of the filing of the representation for inclusion of the name of the petitioner in the gradation list for grant of B.A. trained pay scale teachers and upon such inclusion of the name of the petitioner in the gradation list, the petitioner shall be entitled for consideration for the grant of the scale as per his position in the gradation list and as per law. In case the respondent does not find favour with the case of the 2 petitioner, he shall pass specific orders giving specific reasons for the same and communicate the same to the petitioner within the same period. It is made clear that this court has not expressed its opinion with regard to the merits of the claim of the petitioner which has to be decided by the respondent on its own merits and strictly in accordance with law. Kundan (J. N. Singh, J.)