IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4042 of 2003 1. MD.RAISUL AZAM,'RAIS', son of Sheikh Md. Israil, resident of village + Post Phenhara, P.S. and District East Champaran (Motihari) 2. Surendra Tiwari, son of Sri Ram Khelawan Tiwari, resident of village Rampur Manoritha, Post Patahi, District East Champaran, Motihari 3. Ajit Kumar Singh, son of late Ambika Prasad Singh, resident of village and Post Sirauna, P.S. chirayia, District East Champaran (Motihari) 4. Shakel Ahmad, son of Md. Shamsul Haque, resident of village Brewa, post Chandanbara, P.S. Dhaka, District East Champaran, (Motihari) 5. Shiv Kumar Jha, son of late Bharat Jha, resident of village Devapur, Post Khoripakar, P.S. Patashi, District East Champaran (Motihari) 6. Raj Mangal Prasad, son of Sri Hitlal Singh, resident of village Jhauwa Ram, Post Karshahia, P.S. Dhaka, District East Champaran (Motihari) 7. Jagdish Prasad Yadav, son of late Ramashish Ray, resident of village Madhu Chapra, Post Bakhari, P.S. Kalyanpur, District East Champaran (Motihari) 8. Ravi Shankar Bhattacharya, son of late Satyendra Nath Bhattacharya, resident of village + Post Barachakiya, P.S. Chakiya, District East Champaran (Motihari) 9. Kumar Shyam Kishore Singh, son of late Braj Kishor Singh, resident of village + post Karhio, P.S. Mahua, District Vaishali … Petitioners Versus 1. THE STATE OF BIHAR through the Commissioner cum Secretary, Secondary, Primary and Adult Education Department, Govt. of Bihar, Patna 2. The District Primary Education, Govt. of Bihar, Patna 3. The Regional Deputy Director Tirhut Division, Muzaffarpur, District Muzaffarpur 4. The District Establishment Committee through the District Magistrate, East Champaran (Motihari) 5. The District Superintendent of Education, East Champaran, Motihari … Respondents ----------- 2 7. 6.9.2010 In view of the fact that long standing grievance of the petitioners as raised in this writ application praying, inter alia “This is an application through which the petitioners crave indulgence of this Hon’ble Court for issuance of appropriate writ(s), order(s), direction(s) to direct and command the respondents authorities to promote the petitioners in B.Sc. trained pay scale w.e.f. 2nd September, 1988 with all consequential benefits/ service benefits as per decision taken by District Establishment Committee on 27.12.1989 as per direction issued vide letter/ memo no. 2327 dated 20.12.1989 (Annexure 2) and further to grant any other consequential relief(s) for which petitioners may be found entitled to.” has now to squarely depend on the directions given in the judgment of the Full Bench in the case of Ram Nath Prasad Singh & ors. vs. the State of Bihar & ors., reported in 2009(3) PLJR 384, and that today counsel for the State having obtained instruction has also informed this Court that the gradation 3 list as per direction of the Full Bench is under preparation and has in fact already been approved up to the stage of District Education Establishment Committee, this Court would direct the concerned District Superintendent of Education, East Champaran at Motihari to ensure that the remaining part of the direction of the Full Bench is carried out in letter and spirit within next four months from the date of receipt/ production of a copy of this order. It is, however, made clear that Mr. Rajendra Prasad Singh, learned Senior counsel for the petitioners, has pointed out that the so called gradation list produced by the counsel for the State having approval of the District Education Establishment Committee is not in accordance with the directions of the Full Bench, inasmuch as it does not contain the name of the teachers junior to the petitioners who have already been given their promotion in the B.Sc. trained scale of pay as also on post of Headmaster superseding the claim of the petitioners. This Court would not like to make any more observation in this regard, 4 inasmuch as the whole thing is still under process of consideration but then as the counsel for the State has received instruction that the said gradation list approved by the District Education Establishment Committee is pursuant to inviting of objection on the tentative gradation list, this Court would only expect the concerned District Superintendent of Education, the Secretary of District Education Establishment Committee, would re- verify the claim of the petitioners to ensure that the gradation list being so prepared does not become half-hearted exercise leading to a faulty gradation list not in keeping with the directions of the Full Bench in the case of Ram Nath Prasad Singh (supra). It would be, therefore, also open to the petitioners to point out the infirmity, if any, in the gradation list which has already been finalized at the level of the District Education Establishment Committee so that before a final decision on the same is taken by the Regional Director of Education he is also 5 made aware of the objection of the petitioners. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/