IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.5935 OF 2005 MAHADEO MISHRA, SON OF LATE RAM SHANKAR MISHRA, RESIDENT OF VILLAGE AND POST OFFICE DAMODARPUR, POLICE STATION BENIPATTRI, DISTRICT MADHUBANI, AT PRESENT WORKING AS ASSISTANT TEACHER, NATIONALIZED MIDDLE SCHOOL, RATHAUS (PO) IN THE DISTRICT OF MADHUBAI ………………………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, VIKASH BHAWAN, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 3. THE CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, MADHUBANI 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, MADHUBANI …………………………………………………………………….RESPONDENTS ******** 6 17/01/2011 The Director, Primary Education and the District Superintendent of Education, Madhubani will consider the representation of the petitioner filed for grant of promotion as per 1993 Promotion Rules and its amendment made thereafter as well as the decision taken with respect to interpreting these rules passed in CWJC Nos. 9138 & 10774 of 1993, disposed of on 06th March, 1998 (Annexure-4). The Director would also take into consideration whether the law laid down in the case of Ram Nath Prasad Singh vs. The State of Bihar & Others (FB) [2009 (3) PLJR 342], would be applicable to the case of the petitioner. Since there is already a direction of this Court to prepare a gradation list as per the rules of 1993, this Court is not passing any further order regarding this 2 aspect except to say that the case of the petitioner ought to be considered by the Director, Primary Education and the District Superintendent of Education, Madhubani. The District Superintendent of Education, Madhubani should give the details of the service career of the petitioner and take a decision within a period of four months from the date of filing of the representation by the petitioner. The said recommendation of the District Superintendent of Education, Madhubani should be forwarded to the Director, Primary Education who will pass orders within two months from the date of receipt of the recommendation. The petitioner should file a representation along with the judgment contained in Annexure-4 and any other relevant records within a period of eight weeks from the date of receipt of a copy of this order. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )