IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4602 of 2009 Mathura Saw . Versus The State Of Bihar & Ors . ----------- 2 26.7.2011 Heard counsel for the petitioner and the State. Petitioner was appointed as Matric trained Assistant Teacher on 10.2.1972 and superannuated on 31.12.2000. His grievance is that despite his good service record, he was not allowed regular promotion during the entire service career. Petitioner was allowed one up gradation in the senior pay scale with effect from 1.1.1986. He was also allowed benefit of first time bound promotion. Petitioner’s claim is that as per Finance Department Resolution No. 3/PAR-01- 3/89-6022-F(d) dated 18.12.1989 after completion of 24 years of service, he was entitled to get selection scale. It is apparent from the pleadings in the writ application that till the date of his superannuation, petitioner had never claimed for this benefit and for that he had never approached the authority. He claims to have represented before the authority, after hisr retirement in the year 2007. For giving Selection grade pay scale to him, his representation remained 2 pending and nothing was done. After nine years of his superannuation petitioner has come to this Court with a prayer that he should be granted benefit of selection grade pay scale and for fixation of his pension as well as pensionary benefit according to the enhanced pay scale. In the counter affidavit filed on behalf of the State, it is stated that on perusal of the official record connected with the service of the petitioner, it transpires that he had never filed any representation for such relief as prayed in the writ application. Writ application is being disposed off. Petitioner may approach the authority by filing fresh representation claiming selection grade pay scale according to his position in the gradation list. If on the gradation list he comes under 20% of the cadre, petitioner will be allowed the benefit of selection grade pay scale and his pension/pensionary befits will also be re-fixed accordingly. A. Kumar ( Mridula Mishra, J.)