IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.16405 OF 2007. PARMANAND SINGH, S/O LATE AMBIKA SINGH, R/O MOHALLA CHONDI BARH, P.O + P.S BARH, DISTRICT PATNA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE DIRECTOR PRIMARY SCHOOL, BIHAR, PATNA. 3.THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA. ………………………RESPONDENTS. -------------- 02/ 22.12.2011 Having heard counsel for the parties and taking into account that the petitioner in fact has sought to raise the issue of grant of B.Sc trained pay scale for which a cause of action had arisen to him on 18.09.1991, this Court must hold that the present application filed after a period of 16 years of the cause of action is wholly belated. The grievance of the petitioner that actually the District Superintendent of Education, Patna had granted such B.Sc trained pay scale to the petitioner on 01.04.1985 by order dated 15.07.1991 which was immediately stayed by him by office order dated 18.09.1991, and thereafter no information was given to the petitioner 2 till the date of his retirement, would only go to show that the illegal order issued by the District Superintendent of Education, Patna was rightly not acted upon. Promotion to the Assistant Teachers in the primary school can be given only by the District Education Establishment Committee of which District Superintendent of Education is a member. Mr. Srivastava, the then District Superintendent of Education, Patna, therefore, had no power to grant such promotion to the petitioner and accordingly, such illegal order of promotion issued by him on 15.07.1991 did not confer any right on the petitioner of being given the B.Sc trained pay scale. Since, the petitioner was continuing in service till 31.10.2005, his case for promotion in the B.Sc trained pay scale could have been considered only in view of 1993 Rules which came into force w.e.f 01.01.1986. Thus if the petitioner can still demonstrate that in the gradation list of the teachers of the Patna district anyone junior to the petitioner has been 3 given promotion in the B.Sc trained pay scale pursuant to the observations and directions given by the Full Bench of this Court in the case of Ram Nath Singh & Ors vs The State of Bihar & Ors, 2009(3) PLJR 384, the case of the petitioner will be considered for grant of promotion in the B.Sc trained scale at least from the date from which his juniors in such gradation list has been given promotion in the B.Sc trained pay scale. It is made clear that if anyone junior to the petitioner was not given such promotion in the B.Sc trained pay scale till the date of retirement of the petitioner i.e. 31.10.2005, there would be no question of giving promotion to the petitioner in the B.Sc trained pay scale. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)