IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1951 of 2007 Shiv Narayan Pandey, son of Ram Rit Pandey, resident of Village Gijas, P.S. Saraiya, Dist. Muzaffarpur. -------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, New Secretariat, Patna. 4. The District Magistrate, Muzaffarpur, Dist. Muzaffarpur. 5. The Deputy Development Commissioner-cum-Chairman, the District Education Committee, Muzaffarpur. 6. The District Superintendent of Education, Muzaffarpur, Dist. Muzaffarpur. 7. The District Provident Fund Officer, Muzaffarpur, Dist. Muzaffarpur. 8. The Accountant General, Bihar, Patna. --------- Respondents ----------- 2 29.7.2011 Heard learned counsel for the parties. The prayer of the petitioner in this writ application for grant of senior selection pay-scale has been addressed to by the respondents in their counter affidavit in paragraph no.5 and 6, which reads as follows:- “5. That as regards the contents of para 1 of the writ application, it is submitted that as per provisions contained in promotion Rule 93 and guidelines vide letter no.36 dated 8.1.07 of the Directorate Primary Education, Patna. 20% teachers will be promoted against the vacant seats available per annum with effect from 1.4.98. The preparation of promotion list for selection scale are under process and the 2 petitioner will be listed for selection scale are under process and the petitioner will be list on appropriate place in the list and if his position comes under the vacant post available as per promotion Rule he must be promoted in selection Scale otherwise the claim will be rejected. 6. That it is stated that if petitioner gets the promotion in selection Scale all other claim like the pension, gratuity, earned leave will be revised and differences of amount will be paid accordingly. So, far as the claim of contributory Provident fund and dues amount of Provident Fund after calculation at the rate of 12.5 interest per annum is concerned the petitioner has been paid the aforesaid amount with the rate of 12.5% interest per annum as reported by the District Provident Fund Officer, Muzaffarpur bearing letter no. 576 dated 7.5.07.” In that view of the matter, this Court would direct the respondents to consider the case of the petitioner for his admissible amount of salary and emoluments as also enhancement of retirement benefit, if the petitioner is also found eligible for promotion in the senior selection grade. Let it be made clear that this Court has expressed no opinion on the merit of the case 3 of the petitioner and has simply directed the respondents to comply their own commitment made in paragraph nos. 5 & 6 of the counter affidavit. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)