IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11642 of 2000 RAJENDRA PANDEY. Son of Late Mahabir Pandey, resident of village- Pirouta, P.S. Pirouta, Distt. Bhojpur ..................... Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Bhojpur, Arrah 3. The District Superintendent of Education,Bhojpur 4. Shri Brajesh Narain Mishra, Headmaster, Middle School, Gundi Barhara West, Bhojpur..............Respondents. ----------- For the petitioner :- Mr. D.K.Tiwari,Advocate & Mr. Akhauri P.K.Sinha, Advocate For the State :- Mr. S.C. I For Respondent No.4:- Mr. B.K. Tripathi, Advocate. 7 2-12-2008 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for respondent no.4. In the impugned order dated 26-10-1997 (Annexure-5) a view has been taken by the District Establishment Committee as communicated by the District Superintendent of Education, Bhojpur that petitioner is at serial no. 149 of the gradation list of 1994 and out of that list only persons till serial no. 032 have been promoted. Petitioner had cited instance of respondent no.4 as a person junior to the petitioner who has been promoted to higher scale on the basis of date of his getting Matric trained scale. According to learned counsel for the petitioner respondent no.4 was wrongly granted Matric trained scale on the basis of insufficient training and he has also placed reliance upon a subsequent decision of the authorities contained in annexure-7 to the second supplementary affidavit. According to that order pursuant to directions in C.W.J.C. No. 13476/2000 and L.P.A. No. 470/02 Shri Tarkeshwar Mishra and Onkar Nath Singh who are below the petitioner in gradation list of - 2 - Naresh 1994 have been given higher pay-scale. Learned counsel for the State has fairly submitted that in view of subsequent decision dated 28-3-2004 contained in annexure-7 the case of the petitioner requires reconsideration because, prima facie, it appears that persons below him in the gradation list of 1994 have been given promotion to higher scale. This court is of the view that the matter requires reconsideration by the same authority who passed annexure-5. Hence the writ petition is disposed of with a direction to the District Superintendent of Education, Bhojpur to ensure that petitioner’s claim be re-examined keeping in view the order dated 28-3-2004. The claim of the petitioner against respondent no.4 shall also be considered by the same authority and it will be open for respondent no.4 to explain his case before the concerned committee by submitting relevant documents. The Deputy Development Commissioner, Bhojpur will ensure that the meeting of the concerned committee for deciding petitioner’s claim is convened without any delay so that a decision may be taken in accordance with law within a period of four months from the date of production / communication of a copy of this order. (Shiva Kirti Singh J)