IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12298 of 2000 with CWJC No.1904 of 2000 with CWJC No.1886 of 2000 CWJC No. 12298/2000: Maheshwari Prasad Yadav, son of Late Adhik Lal Yadav, village Gorpar, PS Bihariganj, Dist. Madhepura, at present working as Assistant teacher, Primary School, Fakaria, Dist. Madhepura – Petitioner. Vs. 1) The State of Bihar through the Secretary, Primary Education Department, Bihar, Patna. 2) The Director, Primary Education, Bihar, Patna. 3) The Regional Dy. Director of Education, Kosi Division, Saharsa. 4) The Dist. Magistrate, Madhepura. 5) The Dist.Supdt. of Education, Madhepura – Respondents. CWJC No. 1904/2000: 1. Jagdish Darbe, son of Late Kamleshwari Darbe, village Mohanpur Chaumukh, PS Bihariganj, Dist. Madhepura, at present working as Assistant Teacher, Primary School, Sahapur Tikkar, Dist. Madhepura. 2. Panchanand Singh, son of Late Govind Singh, village Bara, PS Udakishunganj, Dist. Madhepura, at present working as Assistant Teacher, Middle School, Naya Nagar, Dist. Madhepura. 3. Upendra Prasad Singh, son of Sri Gena Prasad Singh, village and PS Puraini, Dist. Madhepura, at present working as Assistant teacher, Middle School, Haraili, Dist. Madhepura. 4. Md. Basiruddin, son of Late Md. Abdul Karim, village Gorpar, PS Udaikishunganj, Dist. Madhepura, at present working as Assistant Teacher, Middle School, Sinhair, PS Alam Nagar, Dist. Madhepura. 5. Tara Nand Mishra, son of Sri Kailash Mishra, village Madhuykarchak, PS Bihariganj, Dist. Madhepura, at present working as Assistant Teacher, Middle School, Bihariganj, Dist. Madhepura. 6. Smt. Mala Devi, wife of Upendra Pd. Singh, village Sahpur, PS Gwalpara, Dist. Madhepura, at present working as Assistant Teacher, Kanya Primary School, Sahpur, Dist. Madhepura. 7. Sambhu Nath Chaudhary, son of Sri Bhuvneshwar Chaudhary, village Belahi, PS Bihariganj, Dist. Madhepura , at present working as Assistant Teacher, Kanya Middle School, Chausa, Dist. Madhepura. 8. Surendra Narayan Singh, son of Sri Baidyanath Pd. Singh, village Taruneshwarur, PS Murliganj, Dist. Madhepura, at present working as Assistant Teacher, Primary School, Dohat Bari, Dist. Madhepura. 9. Shiv Narayan Singh, son of Harinandan Singh, village Murlichandwa, PS Udakishunganj, Dist. Madhepura, at present working as Assistant teacher, Primary School, Farsahi, PS Alam Nagar, Dist. Madhepura. 10. Shushil Kumar Singh, son of Sri Sahdeo Pd. Singh, village Ganeshpur, PS Puraini, Dist. Madhepura, at present working as Assistant teacher, Middle School, Singhair, Dist. Madhepura. 2 11. Naresh Prasad Singh, son of Late Nageshwar Pd. Singh, village Murlichandwa, Ps Udakishunganj, Dist. Madhepura, at present working as Assistant teacher, Primary School, Karchakka, Dist. Madhepura. 12. Doman Mehta, son of Sri Saukhi Mehta, village Jautaili, PS Udakishunganj, Dist. Madhepura, at present working as Assistant teacher, Middle School, Rane Gopal, PS Puraini, Dist. Madhepura – Petitioners. Vs. 1) The State of Bihar through the Secretary, Primary Education Department, Bihar, Patna. 2) The Director, Primary Education, Bihar, Patna. 3) The Regional Dy. Director of Education, Kosi Division, Saharsa. 4) The Dist.Magistrate, Madhepura. 5) The Dy. Dev. Commissioner, Madhepura. 6) The Dist. Supdt. Of Education, Madhepura – Respondents. CWJC No. 1886 of 2000: Krishnadeo Roy, son of Sri Baldeo Roy, village Mohanpur, PS Bihariganj, Dist. Madhepura, at present working as Assistant teacher, Middle School, Nardhwa, Alam Nagar, Dist. Madhepura – Petitioner. Vs. 1) The State of Bihar through the Secretary, Primary Education Department, Bihar, Patna. 2) The Director, Primary Education Department, Bihar, Patna. 3) The R.D.D.E. Kosi Division. 4) The Dist. Magistrate, Madhepura. 5) The Dy. Dev. Commissioner, Madhepura. 6) The D. S. E. Madhepura – Respondents. 5 1.3.2011 Interlocutory Application No. 988/2011: This application has been filed for substituting petitioners 1, 10 and 12, namely, Jagdish Darbe, Sushil Kumar Singh and Sri Doman Mehta of CWJC No. 1904/2000 who died during the pendency of this writ petition on 3.1.2010, 5.5.2009 and 10.7.2010 respectively leaving behind their widows Laxmi Devi, Gyan Mala Devi and Rambha Devi. Office is directed to delete the name of the petitioners and substitute the names of their wives. The interlocutory application is allowed. The petitioners in the three writ petitions are claiming 3 B.A. trained scale. All of them are Assistant teachers in matric trained scale in Primary schools. The main contention of the petitioners is that persons junior to them have been granted B.A. trained scale whereas they have been deprived of the said scale. The grant of B.A. trained scale would be dependent on the requisite qualification and vacancies in the department. It seems that promotions were granted in an ad hoc manner which ought to be remedied by the department. The chart at Annexure 1 of CWJC No. 1904 indicates the name of the petitioners, the date of appointment, date of passing B.A. examination and serial number in the old gradation list. This court in the case of Ram Nath Singh vs. State of Bihar in LPA No. 985/1996 and its analogous cases disposed of on 21.4.2009 has given certain direction which indicates that a fresh seniority list ought to be prepared in terms of the Promotion Rules, 1993 and the joint seniority list would be prepared in accordance with the direction in Naresh Jha’s case and the rules framed in 2006. These cases would be squarely covered by the judgment of this case in the case of Ram Nath Singh (supra). The petitioners have since retired. The petitioners would be at liberty to file their representations before the Director, Primary Education, Bihar, Patna within four weeks from the date of receipt of a copy of this case. The case of the petitioners will be considered along with the 4 other similarly situated teachers. These writ petitions are disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J.)