IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9880 of 2009 JAY NARAYAN YADAV, S/O SRI SHEONANDAN YADAV, R/O VILLAGE-CHAKLA, P.O.-KHAZURAHA, P.S.- SONBARSARAJ, DISTRICT-SAHARSA AT PRESENT HEADMASTER MIDDLE SCHOOL BALWA ANCHAL AND P.S.-NAUHATTA, DISTRICT-SAHARSA. ……………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, SAHARSA. 2. DEPUTY SUPERINTENDENT OF EDUCATION, SAHARSA. 3. DEPUTY DEVELOPMENT COMMISSIONER AT SAHARSA. 4. THE DISTRICT EDUCATION OFFICER, SAHARSA. 5. THE DISTRICT INSPECTOR OF SCHOOLS, SAHARSA. 6. THE DISTRICT WELFARE OFFICER, SAHARSA. ……………………RESPONDENTS. With CWJC No.9892 of 2009 AMRENDRA KUMAR SINGH, S/O LATE SHIVJEE PRASAD SINGH, R/O VILLAGE AND P.O.-BHAROULI, P.S.- SONBARSA KATCHARY, DISTRICT-SAHARSA AT PRESENT HEADMASTER MIDDLE SCHOOL AMARPUR, ANCHAL KAHRA, P.S.+DISTRICT-SAHARSA. …………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, SAHARSA. 2. DEPUTY SUPERINTENDENT OF EDUCATION, SAHARSA. 3. DEPUTY DEVELOPMENT COMMISSIONER AT SAHARSA. 4. THE DISTRICT EDUCATION OFFICER, SAHARSA. 5. THE DISTRICT INSPECTOR OF SCHOOLS, SAHARSA. 6. THE DISTRICT WELFARE OFFICER, SAHARSA. ……………………RESPONDENTS. With CWJC No.9907 of 2009 MD.MAZIDUR RAHMAN KHAN, S/O MD.AHMAD KHAN, R/O VILLAGE-MAJHOL, P.O.-SHAHPUR MAJHOL, P.S.-NAUHATTA, DISTRICT-SAHARSA AT PRESENT HEADMASTER URDU MIDDLE SCHOOL, SAHARSA BASTI, P.S.+DISTRICT-SAHARSA. …………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, SAHARSA. 2. DEPUTY SUPERINTENDENT OF EDUCATION, SAHARSA. 2 3. DEPUTY DEVELOPMENT COMMISSIONER AT SAHARSA. 4. THE DISTRICT EDUCATION OFFICER, SAHARSA. 5. THE DISTRICT INSPECTOR OF SCHOOLS, SAHARSA. 6. THE DISTRICT WELFARE OFFICER, SAHARSA. ……………………RESPONDENTS. ----------- For the Petitioner : Mr.Diwakar Prasad Singh, Adv. For the State : Mr.Shambhu Nath, AC to GP-X. ------------ 4 15.09.2010 Petitioners are aggrieved by a decision of the District Education Establishment Committee granting promotion to some teachers of the District in B.A. Trained Scale as well as scale of Headmasters which has been notified by the District Education Officer, Saharsa vide memo no.216-55 dated 04.02.2009. Learned counsel for the petitioners submits that the petitioners of these three writ applications were much senior in the district and, in fact, one petitioner of CWJC No. 9907 of 2009 (Md.Mazidur Rahman Khan) is the senior most teacher in the district, which is evident from the documents placed on record. Still their cases have been ignored and juniors from the seniority list have been promoted in the higher scales. Since the preparation of entire list 3 is under challenge and the respective seniority and ranking of the parties have to be examined, this Court feels it appropriate that some higher authority of the Department should look into the matter and take an appropriate decision. Therefore, this Court directs the petitioners to file representation before the Director, Primary Education pointing out specific instances where their juniors have been granted promotion in B.A. Trained Scale as well as Headmaster’s scales ignoring their cases. If such representation is filed by the petitioners within one month from today, the Director, Primary Education shall get respective seniority and ranking verified from the original records through a competent Officer of his office and shall come to a conclusion whether the petitioners have been wrongly ignored or not. He shall pass appropriate orders in the matter as may be necessary within two months from the date of filing of the representation. If he feels it appropriate he may give an opportunity of personal hearing to the petitioners to substantiate their claims by producing 4 original documents. The writ applications are disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)