IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8995 of 2002 RADHE SHYAM PATHAK S/O Late Yadunandan Pathak resident of village Barwan, P.S. Ander, District Siwan. Versus 1.THE STATE OF BIHAR through the Director Primary Education, Human Resources Development Department, Bihar, Patna. 2.The District Magistrate, Siwan. 3.The District Superintendent of Education, Siwan. ----------- 3 21/6/2010 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “That this application is being filed for issuance of an appropriate writ or direction commanding the respondents to give B.A. trained scale to the petitioner with effect from the date his juniors have been granted i.e, with effect from 1.6.1975 and to give substantive promotion to the post of Head Master with effect from the date juniors to the petitioner has been promoted as Head Master with all consequential benefits.” For such a prayer which was made after 27 years of the alleged entitlement counsel for the petitioner would submit that the petitioner had been filing representations. He has also tried to make out a case of discrimination in the matter of demotion by way of granting B.Sc. trained pay scale as against one Ramji Prasad. In that context he has relied on truncated undated seniority list. He has also referred to Annexue-3 to show that though the said Ramji Prasad was given B.Sc. trained scale of pay by order of the District Superintendent of Education, Siwan contained in Memo No.3626-33 dated 29.5.1969, the same was modified after 2 joining of the said seniority list by shifting the date of promotion of Ramji Prasad from 1st August, 1975 onwards. He has also referred to Annexures-5 and 6 to show that when certain details were also called for with regard to service history of the petitioner it would be deemed that the grievance of the petitioner was under examination. In this case admittedly grievance of the petitioner rests on the foundation of discrimination. Ramji Prasad the alleged junior has not been made party to this writ application. Moreover, from reading of Annexure-1 it is clear that this undated gradation list of the teachers of Siwan district is also not the basis for promotion of Ramji Prasad, who as noted above, has been granted promotion in the year 1967. Counsel for the petitioner is not in a position to produce any seniority list of 1967. In that view of the matter, the plea of discrimination which would entail any consequence going to the events of 1967 in the year 2010, would not either be admissible or mandated by law. That apart, the concept of granting B.Sc. trained scale is not automatic. One has to get the matric trained scale and after seniority intermediate pay scale and thereafter B.A. or B.Sc. trained scale. Here in this case there is no averment that the petitioner after acquiring qualification of intermediate had already given the I.A. trained scale prior to Ramji Prasad. In fact there is complete want of material in the writ application save and except 3 in Annexure-7 claiming Ramji Prasad to be junior of the petitioner. In that view of the matter, this Court can neither hold that the petitioner was junior to Ramji Prasad nor it can go into the question of promotion granted to Ramji Prasad in his absence so as to bestow such promotion from the retrospective date to the petitioner. That being so, this Court would not find any merit in this application and the same is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)