IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.12343 OF 2007. CHANDRIKA JHA, S/O LATE NAGESHWAR JHA, R/O VILLAGE HARPAR, P.S MAHUA, DISTRICT VAISHALI. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA. 3.DISTRICT MAGISTRATE CUM CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, VAISHALI. 4.DISTRICT SUPERINTENDENT OF EDUCATION, VAISHALI. 5.SUB TREASURY OFFICER, MAHUA, VAISHALI. ………………………RESPONDENTS. ---------------------------------- WITH CIVIL WRIT JURISDICTION CASE NO.13859 OF 2007. 1.RAMESHWAR ROY, S/O LATE RAM CHANDRA ROY, R/O VILLAGE RAM SHANKARPUR, P.S MAHUA, DISTRICT VAISHALI AT PRESENT ASSISTANT TEACHER, MIDDLE SCHOOL, NARHARPUR, DISTRICT VAISHALI. 2.KUSHESHWAR ROY BRAHMCHARI, S/O LATE RAM CHANDRA ROY, R/O VILLAGE BAKARPUR NEPURA, P.S RAJAPAK, DISTRICT VAISHALI AT PRESENT ASSISTANT TEACHER, MIDDLE SCHOOL, MANJHAULI, DISTRICT VAISHALI. …………………PETITIONERS. VERSUS 1.THE STATE OF BIHAR. 2.DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA. 3.DISTRICT MAGISTRATE CUM CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, VAISHALI. 4.DISTRICT SUPERINTENDENT OF EDUCATION, VAISHALI. 5.SUB TREASURY OFFICER, MAHUA, DISTRICT VAISHALI. ………………………RESPONDENTS. ---------------------------------- 04/ 13.12.2011 Having heard counsel for the parties and taking into account that the 2 grievance of the petitioners as against the impugned order dated 28.08.2006 (C.W.J.C No. 12343 of 2007) and 16.07.2007 (C.W.J.C No. 13859 of 2007) as with regard to cancellation of grant of inter trained scale were based on the ground that the junior to the petitioners were still allowed to retain such promotion in the I.A trained pay scale and that the respondents have specifically asserted before this Court that no such junior to the petitioners has been allowed to continue with the promotion in the I.A trained pay scale, this Court must hold the present writ application to be wholly misconceived specially when the counsel for the petitioners are not in a position to name even a single person junior to the petitioners continuing in the promotion of I.A trained pay scale. This Court, therefore, would not interfere with the impugned order and would dispose of this writ application with a liberty to the petitioners to approach the District Programme Officer, Vaishali, at Hajipur for demonstrating any 3 person allegedly junior to them were allowed to retain the benefit of I.A trained pay scale, a post which came to be abolished w.e.f 01.01.1986 after promulgation of 1993 Rules. If such a representation is filed by the petitioners, the District Programme Officer, Vaishali at Hajipur, keeping in view his specific statement made before this Court today that no person junior to the petitioners has been allowed to retain the promotion earlier given in the I.A trained pay scale would get the same disposed of by placing the whole case of the petitioners before the District Education Establishment Committee and would also communicate the decision of the Committee to the petitioner. With the aforementioned observation and direction, this application is disposed of. The personal appearance of Mr. Om Prakash Shukla, District Programme Officer is dispensed with. Ranjan (Mihir Kumar Jha, J.)