IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12051 of 2003 DR.PARAS RAM son of late Ram Lagan Ram, resident of village and P.O. Karath P.S. Tarari Dist. Bhojpur. Versus 1. THE STATE OF BIHAR 2. The Secretary/ Commissioner Secondary Education Bihar, Patna Deptt. Of Education Govt. of Bihar, Vikas Bhawan, Patna. 3. The Director Secondary Education Bihar, Patna. Govt. of Bihar Patna Budha Marg Patna. 4. The Regional Deputy Director of Education, Patna Division, Patna. 5. The District Education Officer, Rohtas, Dist. Rohtas. 6. The Head Master in Baldeo Singh Kaupa P.S. Sakala Baxar, Dist. Rohtas. ----------- 3 24.09.2010 Having heard counsel for the petitioner and counsel for the State as with regard to the following prayer:- “That this is an application for issuance of an appropriate writ in the nature of certiorari for quashing the impugned order passed by the respondent no.3 vide letter no. 2658 dated 11.07.2001 as contained in Annexure-13 to this application by which the respondent no.3 has rejected the recommendation of the respondent no.4 of the claim for promotion in super time pay scale (prawaran koti pay) Rs.2200 to 4000 to the petitioner. And further for issuance of an appropriate writ in the nature of Mandamus for commanding and directing the respondent to give condonation/relaxation of the service training in promotion of super time pay scale to the petitioner. And further be pleased to direct the respondents to give benefits of super time selection grade pay scale Rs.2200 to 4000 to petitioner in salary during service period, And also in his retirement benefits, including pension from the due date 01.01.1986 which the petitioner is entitled under the law. And further the respondent be directed to fix the petitioner salary and retirement benefits including pension on the basis of super time grade pay scale from the due date the petitioner and the respondent be directed to make payment the same to the petitioner which is entitled under the law. And/or pass such other an appropriate writ or writs order or orders direction or direction as your lordships may deem fit and proper in the interest of Justice.” this Court would find that the authority had rightly 2 held the petitioner not entitled for grant of super time pay scale, inasmuch as, he was never qualified for the post in terms of the Government resolution dated 24.12.1996 laying down the undergoing of the Teacher’s Training as a compulsory qualification for such promotion. Since petitioner was not having such training qualification, his promotion had rightly not have been given to him. Submission of Mr. Binod Kumar Ishwar, learned counsel for the petitioner that the petitioner was all along prepared to be sent for such training but the District Superintendent of Education had actually not sent him for training, has also stood answered from the letter of the R.D.D.C. Patna Division, Patna dated 25.7.2000, wherein he had reported that in the first selection for the training course commenced on 9.6.1997 teachers up to Serial no. 636 of the Divisional gradation list were sent for such training and the petitioner being at Serial no.999 could not have been sent for training. In the next year when such training session had commenced on 9.6.1998 the petitioner had no longer remained in service on account of his retirement w.e.f. 31.1.1998 and therefore the petitioner being not sent on training can also not be held to be arbitrary, inasmuch as, in the first session or till date of his retirement, no person junior to the petitioner was sent for such training. Further reliance placed by the petitioner on an order of exemption issued by the Director, Secondary Education dated 16th 3 May, 1998 would also be of no avail, inasmuch as, relaxation was given to only such teacher who had retired in between 1.1.1996 to 9.6.1997 in which training could not commence. The petitioner having retired on 31.1.1998 therefore cannot get the benefit of such relaxation. That being so, this application is wholly misconceived and is, accordingly,` dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)