IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4586 of 2009 ====================================================== Umesh Prasad Singh, Son of late Sri Ragho Prasad Singh, resident of village – Govindpur, Police Station – Sarmera, District – Nalanda, P.O. Baruane, Via – Bhadaur, presently residing at Mohalla – East Indira Nagar, Road No. 1 Gali No. 5, Police Station – Kankarbagh, Patna – 800 020. .... .... Petitioner. Versus 1. The State of Bihar through the District Superintendent of Education, Patna. 2. The District Education Establishment Committee through its Chairman, the District Officer, Patna. 3. The District Superintendent of Education, Patna, the Member District Education Establishment Committee, Patna. 4. The Director, Primary Education, Govt. of Bihar, New Secretariate Building, Patna. 5. The District Education Officer, Patna Member, District Education Establishment Committee, Patna. 6. The Deputy Development Commissioner, Member, District Education Establishment Committee, Patna. 7. The District Inspectress of School, Member, District Education Establishment Committee, Patna. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. S.R.C. Pandey, Advocate Mr. Raj Nandan Prasad Singh, Advocate For the State : Mr. M.K. Pathak, AC to GA -4. ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 04/ 26-08-2011 Heard the counsel for the petitioner and counsel appearing for the State. State has filed its counter affidavit and supplementary counter affidavit in order to meet the questions raised by the petitioner. Petitioner has retired from Assistant teacher on 31st Patna High Court CWJC No.4586 of 2009 (4) dt.26-08-2011 2 / 5 2 March, 2002. His grievance is that he possessed the requisite qualification as Intermediate trained and thereafter he improved his qualification by passing Bachelor of Arts Examination and therefore, he was entitled for grant of graduate trained scale as well as promotion to the post of Headmaster, but despite his remaining in service for three years he was not allowed. Earlier for similar relief petitioner had also filed C.W.J.C. No. 11262 of 2000, which was disposed of vide order dated 13.9.2007, giving liberty to the petitioner for filing representation before Respondent No. 4, the District Superintendent of Education, Patna was directed to dispose of the petitioner’s representation within a period of three months. Since, the petitioner’s representation was not disposed of within the time provided by the Court he filed MJC No. 430 of 2008 for initiating a proceeding of contempt. During the pendency of the contempt application final order on the representation of the petitioner has been passed by the District Superintendent of Education, Patna on 4.4.2008 contained in Memo No. 2406. Contempt application was disposed of considering the fact that representation filed by the petitioner has been disposed of. The order passed by the D.S.E. indicates that petitioner name is at serial No. 149 of the gradation list and till the date of petitioner’s superannuation, only persons up to 38 serial were given promotion Patna High Court CWJC No.4586 of 2009 (4) dt.26-08-2011 3 / 5 3 in the B.A. trained scale. So far petitioner is concerned, he has already retired and his case needs consideration separately. Counsel for the petitioner submits that since, any further promotions remained stayed in view of pending of L.P.A. No. 985 of 1996 after disposal of L.P.A. and analogous cases, respondents as per the direction of this Court should have prepared a consolidated gradation list for promotion of Arts and Science teachers, for promotion to B.A./B.Sc. trained scale as well as to the post of Headmaster. Respondents have not fulfilled this task and petitioner’s case for promotion to the post of Headmaster, has not been considered till date. In the counter affidavit filed on behalf of District Superintendent of Education, Patna it has been stated that petitioner’s rank in gradation list is at serial no. 149. Out of the said gradation list, promotion in the trained Arts Graduate scale has been given, only up to serial no. 38. Due to non-availability of post, till the date of his superannuation petitioner’s case for promotion could not be considered. The Director, Primary Education, in the light of the direction issued in L.P.A., has published provisional gradation list. The Director, Primary Education has passed an order that promotion in the graduate trained scale and on Headmaster’s post will not be given with Patna High Court CWJC No.4586 of 2009 (4) dt.26-08-2011 4 / 5 4 retrospective effect. Persons already superannuated, and not in service will neither allowed graduate trained scale nor be promoted to the post of Headmaster. Petitioner’s case is within this category. The counsel representing the petitioner submits that the respondent-authorities cannot reject petitioner’s entitlement for graduate trained scale, even if petitioner’s claim for promotion to the post of Headmaster after his superannuation is rejected. Petitioner was entitled for B.A. trained scale, much earlier to his superannuation but due to pendency of the L.P.A. and continuation of stay order he was not allowed this promotion. Respondent cannot deprive him from promotional scale of B.A. trained, on the ground that he has superannuated. I find that the Director, Primary Education needs to re-consider this issue. Petitioner’s entitlement for B.A. trained scale accrued much earlier to his superannuation, and that cannot be denied to him. This application is being disposed of, giving liberty to the petitioner for filing representation before the Director, Primary Education, specially claiming grant of graduate trained scale and consequential monetary benefits. In case such representation is filed by the petitioner, that must be considered and disposed of within eight weeks from the date of filing of such Patna High Court CWJC No.4586 of 2009 (4) dt.26-08-2011 5 / 5 5 representation. The respondent-authorities will consider this fact that entitlement of the petitioner was much earlier than the date of his superannuation. This application is allowed. DKS/ (Mridula Mishra, J)