IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11718 of 2005 Hanuman Singh, Son of Late Kripa Singh, R/o-Vill.-Semri, P.S.-Dawath, District-Rohtas. –Petitioner. VERSUS 1. The State of Bihar. 2. The Commissioner-cum-Secretary, Primary Education, Government of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. 4. The Regional Deputy Director, Primary Education, Patna Division, Patna. 5. The District Education Establishment Committee through its Chairman, District Magistrate-cum-Collector, Rohtas. 6. The District Superintendent of Education, Rohtas. –Respondents. ----------- For the Petitioner : Mr. Sunil Kumar, Adv. For the State : Mr. Kumar Vikram, AC to SC-10. ------------ 09 30.03.2011 The petitioner is a teacher and has come to this Court claiming the right to be promoted to B.Ed. trained scale. The short point raised by the learned counsel for the petitioner is that two of his admitted juniors, namely, Bhuletan Singh and Siyaram Singh have been given B.Ed. trained scale from retrospective effect and even promoted as Principals as would be evident from the order of the District Superintendent of Education, Sasaram at Rohtas dated 15.02.2008. By the said order the District Superintendent of Education, considering the aforesaid promotion, granted promotion to Dhanu Lal who is senior to the petitioner with retrospective effect. Petitioner submits that once the senior and juniors are granted promotion why he has been left hanging in middle. In the counter affidavit, it is stated that some of the juniors of the petitioner have been granted promotion to the B.Ed. trained scaled but the same has been set aside by the District Establishment Committee as and when petitioner’s case would be considered. Counter affidavit has been filed, with consent of parties, the writ petition has been heard for final disposal at this stage itself. - 2 - Having considered the matter, in my view, the contention of the counsel for the respondent-State cannot be sustained. Once even a single junior is considered and granted promotion then every senior who is entitled and qualified has to be given promotion accordingly. From the order of the District Superintendent of Education and the contention, as referred to above, it is clear that two persons much junior to petitioner have been granted B.Ed. trained scale and a person senior to petitioner has also been granted B.Ed. trained scale from retrospective effect. If that could be done for what is the District Superintendent of Education waiting in so far as petitioner is concerned. Once the junior and senior both have been promoted and petitioner is qualified for promotion then I see no reason by which petitioner can be denied to his promotion at least from the date when his juniors were granted promotion. Considering the aforesaid, I direct the respondent-District Superintendent of Education, Sasaram at Rohtas to immediately consider the case of the petitioner for grant of B.Ed. trained scale and, if otherwise found fit, he shall be granted promotion from his due date if not from the date when Bhuletan Singh and Siyaram Singh have been granted promotion with all consequential benefits. With these observations and directions, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)