IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5815 of 1997 Ram Bali Singh, son of late Rameshwar Singh, resident of village- Dhangawn, P.S. Jehanabad, District- Jehanabad, at present Assistant Teacher, Shramik Middle School, Yarpur, P.S. Gardanibagh, District- Patna. -----Petitioner. -Versus- 1. The State of Bihar. 2. The District Education Establishment Committee, Patna, through its Chairman i.e., the District Magistrate, Patna. 3. The District Superintendent of Education, Patna. ------Respondents. --------- 9. 08.12.2008. This writ application has been filed by the petitioner claiming that he should be given Graduate scale and be posted as a Headmaster of a Middle School. The petitioner had earlier moved this Court because he was given Graduate scale by the District Superintendent of Education, who was not the competent authority to grant him the said scale. This Court directed by the order dated 28.11.1989 as contained in Annexure-1 that the District Establishment Committee should consider the case of the petitioner for grant of higher scale of B.A. trained. The main contention of the petitioner is that the persons junior to him have been granted scale of Graduate trained whereas this petitioner has been left out. The petitioner mentions the names of several such persons at paragraph nos.6, 7 and 8 of the writ application and also points from Annexure-4 which is the gradation list, that one person who is at Sl. No.136 i.e., Shree Kant Pandey has been granted the Graduate scale whereas this petitioner’s case has not been considered although he is at Sl. No. 74. - 2 - It appears that the State Government has been filing counter affidavit which are incomplete and do not reveal the entire facts which has led to chaos. The case of the petitioner is that some persons have been granted higher scale because of orders passed by this Court. The question, therefore, arises as to why the State Government does not bring the relevant facts on record which would facilitate the court in passing orders with respect to status of the teachers vis-à-vis each other for the purpose of grant of higher scale taking into consideration their inter se seniority and qualification. It appears that whereas some of the persons have been granted scale because of orders of the High Court. Others have been granted higher scale reasons for which are not explained in the counter-affidavit. The petitioner has retired on 31.1.1998. The Director, Primary Education, Bihar, Patna, should take personal interest and get the records in question and examine the vacancies yearwise and, thereafter, consider whether the petitioner would be entitled for grant of B.A. trained scale, within a period of four months on receipt/production of a copy of this order. I may bring to the notice of the Director, Primary Education that several writ applications are coming up for hearing which relate to the year 1995 in which the Assistant Teachers are demanding grant of higher scale. It would, therefore, advisable that the Director, Primary Education, should instruct the Regional Deputy Director of Education/District Establishment Committee to take steps and place - 3 - proper facts in this Court as the Court is finding difficulty in coming to a conclusion because of lack of instructions sent to the State Counsel appearing in the cases. This writ application is disposed of with the aforesaid directions. U.K. (Sheema Ali Khan,J)