IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12084 of 2009 Chandra Shekhar Kumar, son of Late Raj Narain Singh, R/o village Tajpur, P.S. Ekangarsarai, District Nalanda. At present posted as Principal, Primary Teachers’ Training College (DIET), Nawada, District Nawada Versus 1. The State Of Bihar through Chief Secretary, Govt. of Bihar, Old Secretariat, Patna 2. The Development Commissioner-cum- Chairman, D.P.C. Govt. of Bihar, Old Secretariat, Patna 3. The Principal Secretary, Human Resources Deptt. Govt. of Bihar, New Secretariat, Patna 4. Secretary, Human Resources Deptt. Govt. of Bihar, New Secretariat, Patna 5. Director Administration cum Joint Secretary, Human Resources Deptt. Govt. of Bihar, New Secretariat, Patna 6. The Section Officer, Section II, Human Resources Deptt. Govt. of Bihar, New Secretariat, Patna ----------- For the Petitioner :Mr. Surendra Kr. Singh & Mrs. Sudha Singh, Advocates For the State : Mr. S.C.18 02/ 14.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is a member of the Bihar Education Service, Class II. For the present, he is serving as Principal of the Primary Teachers’ Training College, Nawada in the pre- revised scale of Rs. 6500- 10,500/- and those who are junior to him and placed below in the gradation list, namely, Smt. Maya Rani Pal and 55 others, have already been promoted in the higher scale of Rs. 10,000/- 15,200/-. Highlighting aforesaid illegalities, one Jagapati Choudhary filed C.W.J.C. No. 729 of 2000 and this Court having taken strong exception to the fact that the juniors have already been allowed promotion in the higher scale without considering the case of Jagapati Choudhary 2 and other senior persons, directed the State respondents under order dated 4.3.2005 appended with the supplementary affidavit to constitute a departmental promotion committee within a period of four weeks from the date of service of a copy of the said order and thereafter to consider the case of Jagapati Choudhary and other similarly situate persons for grant of promotion. After expiry of the time indicated in the order dated 4.3.2005, Jagapati Choudhary filed contempt application, bearing MJC No. 1174 of 2008 and during the pendency of the said contempt application, authorities have considered his case and case of other similarly situate persons and have granted higher scale of Rs. 10,000- 15,200/- with effect from the date indicated in the notification of the Government, bearing Memo. No. 1193 dated 12.8.2009, Annexure-4 to this application. Those who have been allowed such higher scale under notification dated 12.8.2009 are below the petitioner in gradation list and highlighting such fact petitioner also served legal notice on the authorities, but the authorities have not bothered to consider the case of the petitioner for grant of higher scale. 3. Let the petitioner represent before the competent authority for grant of higher scale of Junior/ Senior Selection Grade with effect from the due date and for such purpose the departmental promotion committee be constituted within the time indicated in the order dated 4.3.2005, passed in C.W.J.C. No. 729 of 2000 and the case of the petitioner be considered for 3 such grant of higher scale in accordance with law within the period fixed in the said order. 4. This application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)