IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12942 of 2002 PALAT PASWAN son of late Sukhdeo Paswan resident of village- Dhanaura, P. S.- Bahera, District- Darbhanga… Petitioner. Versus 1. THE STATE OF BIHAR 2. The Director, Primary Education Department of Human Resources and Development, Government of Bihar, Patna. 3. The Director Superintendent of Education, Darbhanga. … Respondents. ----------- 3. 29.06.2010 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ petition reads as follows:- (i) For issuance of a writ, order or direction directing and commanding the respondents to grant the promotion with retrospective effect on the post of Permanent Head Master in the Middle School w.e.f. 10.12.1980 for monetary benefits only at this stage after superannuation from service as have been granted (Promotion on the post of Head Master) to the similarly situated another Assistant Teachers, juniors to the petitioner who are still in service on the post of permanent Head Master. (ii) For grant of super selection grade provided in service for the category of SC/ST candidates. (iii) For a direction, directing the respondents to pay arrears of differences in salaries for the posts held and deemed to be held by the petitioner 2 or has been entitled in accordance with law along with an interest at the rate of 12% thereupon as admissible w.e.f. 10.12.1980 i.e. for trained Graduate teacher, Super Selection Grade and treating as Permanent Head Master of a Middle School.” Counsel for the petitioner in this respect would submit that despite two rounds of earlier litigation, the grievance of the petitioner as with regard to grant of graduate trained scale of pay w.e.f. 10.12.1980 has not been redressed inasmuch as even the decision which was taken by the District Education Establishment Committee in terms of the direction of this Court in the order dated 17.11.1999 in CWJC No. 8571 of 1998 has been confined to grant of such graduate trained scale of pay only w.e.f. 1.4.1981. He would also submit that such decision is absolutely unjustified inasmuch as the petitioner belongs to a reserved category and for him there was already a post available w.e.f. 10.12.1980. Additionally, counsel for the petitioner would also draw attention of this Court that the petitioner was also entitled for being given the benefit of post of Headmaster which was only the consequential step in terms of granting graduate trained scale of pay to the 3 petitioner. Counsel for the State who has not filed counter affidavit would only point out from the reading of the writ petition that this aspect of the matter with regard to compliance of the order of this Court dated 17.11.1999 in CWJC No. 8571 of 1998 having been made the subject matter of a contempt application, MJC No. 390 of 2001 and the same was also dismissed by this Court by order dated 6.1.2004, the petitioner cannot now agitate afresh as with regard to implementation of the aforementioned order. She would also point out that there was no question of the petitioner being given the post of Headmaster in terms of the order passed by the authority on 9.3.2002 granting graduate trained scale of pay to the petitioner w.e.f. 1.4.1981 inasmuch as the petitioner had already superannuated from service w.e.f. 31.1.2002. In the opinion of this Court, the grievance of the petitioner as with regard to shifting of his date of graduate trained scale of pay from 1.4.1981 to 10.12.1980 could be appreciated, had the petitioner enclosed the decision of the District Education Establishment 4 Committee dated 21.8.2001 on the basis of which the consequential order dated 9.3.2002 was issued by the District Superintendent of Education, Darbhanga as contained in Annexure- 10. Considering however the fact that the petitioner has already been superannuated and may now at best be entitled for some monetary benefit if his date of promotion is shifted from 1.4.1981 to 10.12.1980, this Court would give liberty to the petitioner to approach the Director of Primary Education Department who after summoning the records of District Education Establishment Committee including its decision dated 21.8.2001 would pass an appropriate order. In the event the petitioner would be found entitled for change of such date of promotion in the graduate trained scale of pay from 1.4.1981 to 10.12.1980 which may lead to monetary benefit, the same would also be extended to the petitioner. On the other hand, if the Director Primary Education would find that the decision of the District Establishment Committee with regard to grant of graduate trained scale of pay with effect from 1.4.1981 was correct, he would reject the 5 representation of the petitioner by a speaking order. Such exercise must be completed within a period of six months of receipt of the representation filed by the petitioner along with a copy of this order. With the aforementioned observations and directions, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)