IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10091 of 2003 Shyam Kishore Singh, S/o late Jagat Narayan Singh, Resident of Village Kali, P.O. Dilahi, Distt. Darbhanga, retired teacher Middle School Ali Nagar, Darbhanga, Distt. Darbhanga. --------- Petitioner Versus 1. The State of Bihar. 2. The Director, Primary Education, State of Bihar, Patna. 3. The Regional Deputy Director of Education, Darbhanga. 4. The District Magistrate, Darbhanga. 5. The District Superintendent of Education, Darbhanga. ---------- Respondents ----------- 3 17.09.2010 Having heard learned counsel for the petitioner and counsel for the State as with regard to the following prayer:- “1. That the petitioner prays for issuance of order/orders, direction /directions, writ/writs in the nature of mandamus commanding and directing the respondents concerned to provide the benefit of senior selection Grade as well as the pay scale of Headmaster from the date at least juniors to him have been provided as petitioner is entitled to get senior selection grade w.e.f. 1.4.81 but the scale of B.A. trained has been provided w.e.f. 1.4.88 but since the letter of promotion has been issued after retirement of the petitioner and as such he remained deprived from the monetary benefit of the same as also entitled to get the difference of salary accrued due to not grant of junior Selection 2 Grade scale from the date of actual entitlement due to technical faults though that has been rectified subsequently but the benefits of the same has not been given to the petitioner. Any other writ/writs for granting any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of the case.” this Court would direct the authorities to re-consider with regard to grant of B.A. Trained Scale of Pay to the petitioner strictly in accordance with the principles laid down and direction given in the Full Bench Judgment in the case of Ram Nath Prasad Singh Vs. The State of Bihar & Ors. reported in 2009(3)PLJR 384. It must be made clear that the earlier gradation list as per the direction of the Full Bench has to be re-casted and the date of promotion has to be re-determined as directed by the Full Bench in the case of Ram Nath Prasad Singh (supra) and, therefore, if the petitioner’s promotion also kept upheld and/or ante-dated on account of his juniors continuing in such post, the same will be considered by the competent District 3 Education Establishment Committee, which must take a decision within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)