IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3984 of 1997 RAJESH KUMAR, son of Sri Subhash Prasad Singh, resident of village Maniyarchak, P.O. Piri Bazar, District Munger at present residing at village & P.O. Agrahan Habeli Kharagpur (North), Munger … Petitioner Versus 1. THE STATE OF BIHAR, Secretary, Human Resources Department, Bikash Bhawan, Patna 2. Director, Primary Education, Human Resources Department, Bikash Bhawan, Patna 3. Commissioner, Munger 4. District Magistrate, Munger 5. Deputy Development Commissioner, Munger 6. District Superintendent of Education, Munger 7. Subhash Singh, father’s name not known, Middle School, Ratanpur Namalpur, District Munger … Respondents. ----------- 9. 8.7.2010 Heard Mr. Ram Suresh Roy, learned Senior counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this writ application reads as follows: “This is an application for issuing direction to the respondents for granting scale of B.Sc. trained teacher in place of respondent no.7 who is junior to the petitioner and further give direction to the respondents to grant the scale of Headmaster to the petitioner as the petitioner has been performing the duty independently for more than three years and also appoint the petitioner on the aforesaid post substantively. Mr. Roy at the out set would submit 2 that the claim of the petitioner for such promotion, as noted above in the relief portion, itself is based on the plea of discrimination as against respondent no.7. He would submit that if respondent no.7 who alike the petitioner had been also appointed initially in I.Sc. trained scale of pay, much after the appointment of the petitioner, he (Respondent no. 7) could have been promoted earlier to the petitioner without considering his case. He has also submitted that there was no reason for the respondents to have denied such promotion to the petitioner inasmuch as the Respondents were under obligation to extend same treatment to the petitioner who was admittedly senior to the Respondent no. 7. In this case separate counter affidavits has been filed both on behalf of District Superintendent of Education (respondent no.6) and the private respondent no.7 and from their reading it becomes absolutely clear that while respondent no.7 was continuing in service as I.Sc. trained teacher, he had filed application for direct appointment on the post of Science teacher 3 meant for B.Sc. trained and upon his selection he was appointed afresh on the post of Science Teacher on 30.11.1988 as a direct recruit in B.Sc. trained scale. Once this aspect becomes clear that the Respondent no. 7 was not promoted in B.Sc. trained scale, it would be absolutely a case of two separate class inasmuch as the petitioner belonging to the cadre of I.Sc. trained teacher can earn his promotion on the basis of his seniority in the cadre which has got nothing to do with the direct recruitment of the Respondent no. 7 on the post of Science Teacher in B.Sc. Trained Scale. Noticing this aspect of the matter, this Court must hold that the petitioner was not discriminated by way of grant of B.Sc. trained scale of pay to the Respondent no. 7. Moreover when the D.S.E. in the affidavit has himself stated that the case of promotion of the petitioner for promotion in the B.Sc. trained teacher will be considered in accordance with the Rules as and when his turn would come, there would be nothing left for this Court but to hold that the claim of promotion for the present is both premature 4 and misconceived. Consequently, for the reasons indicated above, this Court would find no merit in this application and the same is accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/