IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C No.12690 of 2006 ARBIND KUMAR MAHTO,S/O LATE MAHADEO PRASAD SINGH, R/O VILLAGE LAKSHMIPUR, P.S. SURYAGARHA, DISTRICT LAKHISARAI. .............PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE DIRECTOR PRIMARY EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIATE BUILDING, PATNA. 2.COMMISSIONER, MUNGER DIVISION, MUNGER. 3.REGIONAL DEPUTY DIRECTOR OF EDUCATION MUNGER DIVISION AT AND P.S. MUNGER, DISTRICT MUNGER. 4. THE DISTRICT EDUCATION OFFICER, MUNGER, P.S. AND DISTRICT MUNGER. ..............RESPONDENTS. 03/ 01.07.2011 Having heard counsel for the parties and taking into account that the grievance of the petitioner in this writ application is confined to consideration of his case for grant of B.Sc trained scale of pay, this Court in view of the full Bench judgment of this Court in the case of , Ram Nath Prasad Singh vs The State of Bihar 2009(3)PLJR 384 could easily give liberty to the petitioner to approach the District Education Establishment Committee in order to get his case considered for grant of B.Sc trained scale of pay in terms of the fresh gradation list as per the direction given in the full Bench judgment of this Court. Counsel for the petitioner however 2 would submit that the petitioner was already having qualification of B.Sc. trained on the date of his appointment and as such he ought to have been given B.Sc trained scale of pay. In the considered opinion of this Court B.Sc trained trained scale post being a promotional post, one will have to be given promotion only on the basis of seniority fixed by the gradation list. Thus merely because the petitioner was educationally qualified at the time of his entering into service with a qualification of B.Sc. can not lead to automatic grant of B.Sc trained scale of pay to him in view of 1993 Rules. The next submission of learned counsel for the petitioner that several juniors to the petitioner have been given such promotion in B.Sc. trained scale pay cannot be looked into by this Court for two reasons namely the full Bench judgment of this Court in the case of Ram Nath Singh (supra) covering the issue and also because his not impleading even any one of his alleged junior as a party to this writ application. Moreover merely because the 3 names of the junior persons have been mentioned in the writ petition that will not be sufficient for the petitioner to assail away such promotion of any one of his junior. In any event, this aspect has to be considered afresh in view of the fresh gradation list which had to be prepared in terms of the direction given by the Full Bench in its judgment in the case of Ram Nath Singh (supra). This Court therefore, would give liberty to the petitioner to approach the District Programme Officer, the member Secretary of the District Education Establishment Committee, by giving details of his claim in a self contained representation and in the event such a representation filed by the petitioner enclosing a copy of this order, the same shall be placed by the District Programme Officer before the District Education Establishment Committee for its appropriate decision. It however goes without saying that if in terms of the revised gradation list drawn by the authority in compliance of judgment of Full Bench of 4 this Court in the case of Ram Nath Singh (supra) if anyone junior to the petitioner has been given B.Sc. trained scale of pay, the petitioner will also be eligible for such grant of B.Sc. trained scale of pay. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)