IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13949 of 2003 1. KUMARI REKHA VERMA, W/o Dr. Madhukar Sinha. R/o Hospital Road, P.s.-Benta, Laheriaswarai, District-Darbhanga. 2. Shobha Shrivastava, w/o Shri Mohan Prasad Shrivastava, r/o Bhagwan Das, J.P. chauk, P.S.- Town Darbhanga, District-Darbhanga .........Petitioners. Versus 1. THE STATE OF BIHAR. 2. The Collector, Darbhanga. 3. The District Superintendent of Education Darbhanga. .............Respondents ----------- 3. 25.10.2010 Heard learned counsel for the parties. The grievance of the petitioners in this writ application is with regard to grant of graduate trained pay scale and to that extent their prayer reads as follows: “1. That this is an application for issuance of a writ in the nature of mandamus or any other appropriate writ/rule/direction commanding the respondents to grant the petitioners the scale of bachelor of Science trained Scale (herein after referred to as Graduate Science Trained Scale) since 1990 the date on which the junior teacher to the petitioner’s have been granted promotion i.e. since 1990 and/or the date on which the petitioner’s are entitled of the scale and further direction to the respondents to pay the consequential benefits of the post after their promotion since 18.4.1984.” Mr. Jagnnath Singh, learned counsel appearing on behalf of the petitioners would submit that the petitioners fulfilled all the requisite 2 conditions for grant of graduate trained scale of pay and yet they have not been furnished with the same, though the persons juniors to them have been granted such graduate trained scale of pay. In this context, he has invited attention of this court towards Annexure-6 series to contend that the petitioners have also filed representations but no decision had been taken by the respondents even on those representations. Counsel for the State would draw a blank face as he has not filed any counter affidavit despite expiry of a period of almost seven years from the date of filing of this writ application on 15.12.2003 and also an indulgence given to him for this purpose by an order dated 7.5.2004. He would, however, submit that from reading of the writ application itself it would be clear that earlier even petitioners were granted graduate trained scale of pay but then later on it was discovered that such order was not legally justified and therefore, the same was recalled in the year 1998 itself. He would accordingly submit that now when the whole issue relating to for grant of graduate trained scale of pay has to be undergone afresh by preparation of a new gradation list to be prepared in terms of the directions given by the Full 3 Bench of this Court in the case of Ram Nath Prasad Singh Vs. The State of Bihar & Ors. reported in 2009 (3) PLJR 384, an order could be passed directing to the authorities to reconsider the case of the petitioners in the light of the aforementioned directions of the Full Bench in the case of Ram Nath Prasad Singh (supra). In the opinion of this Court, whatever be the previous history of grant or taking away the benefit of Graduate Trained Scale of pay of the petitioners, the same in no way could affect their right for their reconsideration in terms of the direction issued by the Full Bench of this Court drawing fresh gradation list. The period of six months fixed by the Full Bench has already come to an end and therefore this Court would believe that the exercise as directed in the judgment of the Full Bench must have been completed. This writ application is, accordingly, disposed of with a direction to the respondent No. 3 to place the case of the petitioners before the District Education Establishment Committee for deciding their grant of graduate trained scale of pay to the petitioners at least from the date their juniors have been or would be granted such graduate trained 4 scale of pay. However, made clear that as the petitioners have not named any specific person to be junior to them and to have received the benefit of graduate training scale of pay, it would be open for the petitioners to explain this aspect by filing a fresh representation addressed to the District Superintendent of Education enclosing documents in supporting their claims who would thereafter process the matter and obtain the appropriate decision of the District Education Establishment Committee It is expected that the aforementioned exercise will be completed within a period of six months from the date of filing of the representation by the petitioner. It is further made clear that this Court has not expressed any opinion on merits of the claim of the petitioners and thereafter it would be open to the competent authority to pass an appropriate order as with regard to grant of graduate trained scale of pay to the petitioners strictly in accordance with law. With the aforementioned observations and directions, this writ application is disposed of. Prakash/Kanchan ( Mihir kumar jha, J.)