IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8935 of 2009 RAGHUWAR RAI, SON OF SHRI DARBARI RAI, RESIDENT OF VILLAGE-MIRZAPUR, P.O. MIRZAPUR KHURD LAUWA, VIA-BANIAPUR, ANCHAL-LAHLADPUR, POLICE STATION- JANTA BAZAR, DISTRICT-SARAN, RETIRED WHILE WORKING AS HEAD TEACHER IN GOVT. PRIMARY SCHOOL BHORHA PANDEY TOLA, ANCHAL-MASHRAKH- II, DISTRICT-SARAN ……… ………. ….. PETITIONER. Versus 1. THE STATE OF BIHAR 2. The Principal Secretary , Human Resources Development Department, Bihar, Patna 3. The Director, Primary Education, Bihar, Patna. 4. The District Magistrate, Chapra, District-Saran. 5. The District Education Establishment Committee , Saran through the Deputy Development Commissioner, Saran at Chapra it’s Chairman. 6. The District Superintendent of Education, Chapra, District-Saran ……………. ………… Respondents. ----------- 2. 06.08.2009 Heard learned counsel for the petitioner and the counsel appearing for the state. Petitioner was appointed in the Matric Trained pay scale teacher on 08.01.1970 and retired on 30.06.2004. The grievance is that during his service period, he was not allowed Graduate Trained pay scale whereas similarly situated teachers namely, Sushila Kumari Sinha and Nirmala Devi, appointed in Matric Trained pay scale were given Graduate Trained scale as well as scale of Headmaster. Petitioenr is claiming that he is also entitled for same relief which was allowed to Sushila Kumari Sinha and Nirmala Devi. Without going into merit of the case, this writ application is being disposed of directing the District 2 Superintendent of Education, Chapra for considering petitioner’s case and disposes it of within a period of four weeks of filing of representation by the petitioner for granting Graduate Trained pay scale from the date of passing of the examination. The respondent No. 6 will take into consideration that similarly situated teachers have already been allowed the relief as prayed for by the petitioner. The representation of the petitioner should be disposed of on consideration of entire material within four weeks from the date of filing of such representation and on production/receipt of the order passed by this court. It goes without saying that if Graduate Trained scale is allowed to the petitioner w.e.f. passing of B.A. examination, B.A. Trained/Headmaster scale with all consequential benefits including his fixation of his pension and pensionary benefits should be allowed to the petitioner. akv/ ( Mridula Mishra, J )