IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16371 of 2004 Raj Kishore Singh, son of Late Babu Indradeo Singh, village Mohammadpur, PS Goreakothi, Dist. Siwan, working as Assistant Teacher in Premchand Middle School, Sarai, PS Goriakothi, Dist. Siwan – Petitioner. Vs. 1) The State of Bihar, 2) The Director of Public Instructions (Primary Education), Bihar, Patna. 3) The Director of Education cum Dy. Secretary, Bihar, Patna. 4) The Dist. Education Officer, Siwan. 5) The Dy. Inspector of Schools, Siwan. 6) The Dy. Dev. Commissioner, Siwan – Respondents. 3 21.12.2010 The petitioner ‘s school was taken over by 1976 Act. At that stage petitioner was granted matric untrained scale. The claim of the petitioner is that he should get higher scale as he had a graduation degree at the time when the school was taken over. It is also claimed that the petitioner is S.T.C. trained graduate and has diploma in teacher’s training. This petitioner had earlier come to this court in CWJC No. 3952/1981 disposed of on 26.11.1981 with a direction that the petitioner should file a representation which should be disposed of by a speaking order. I may point o0ut that the grant of higher scale is governed by circular of the State Government which fixes the percentage of teachers to be granted the said scale. Therefore, the grant of higher scale depends upon the vacancy as well as qualification of the incumbent claiming the scale. Recently in the case of Ram Nath Prasad Singh vs. State of Bihar, 2009 (3) PLJR 384, this court has directed that a gradation list of graduate trained teachers should be prepared throughout the State of Bihar. This court is informed that the exercise has already began. 2 In any event the Director, Primary Education, Bihar is bound to comply with the order passed by this court on 26.11.1981 referred to above. The petitioner is directed to bring the order of this court to the notice of the Director, Primary Education along with a fresh copy of his representation within a period of eight weeks on receipt of a copy of this order. The Director may pass an appropriate order within four months thereafter. This writ petition is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J.)