IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.5103 OF 2007 VIJOY KUMAR SINGH,S/O LATE JAGDISH SINGH, R/O VILLAGE BALHA, P.O BALHA, P.S. BIHPUR, DISTRICT BHAGALPUR AT PRESENT POSTED AS ASSISTANT TEACHER GOVERNMENT MIDDLE SCHOOL, LUXMIPUR, P.O. ISMAILPUR, P.S GOPALPUR, DISTRICT BHAGALPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY CUM COMMISSIONER, PRIMARY EDUCATION DEPARTMENT, NEW SECRETARIATE, PATNA 1. 3.DISTRICT SUPERINTENDET OF EDUCATION, BHAGALPUR. 4.HEADMASTER DRAWING & DISBURSING OFFICER, MIDDLE SCHOOL, FULKIYA, P.O. ISMAILPUR, P.S GOPALPUR, DISTRICT BHAGALPUR. ………………………RESPONDENTS. ----------- 02/ 26.08.2011 Having regard to the fact that the petitioner’s claim in this writ application is for grant of I.Sc trained scale w.e.f. 22.09.1981, this Court would find it difficult to entertain such belated writ application seeking to raise the cause of action after 26 years and that too at a point of time when the I.Sc trained post has already been abolished w.e.f. 1.1.1986. Since, the petitioner is continuing in service and has already become the member of the merged cadre of matric trained teacher of I.Sc trained teacher w.e.f. 1.1.1986, his claim for promotional benefit would be limited to B.Sc trained 2 pay scale and that has to be decided in the light of seniority position in the fresh gradation list to be drawn in terms of the Judgment of the Full Bench in the case of Ramnath Prasad Singh vs The State of Bihar & Ors, reported in 2009(3)PLJR 384. In that view of the matter, this Court while rejecting the claim of petitioner for grant of I.Sc. trained scale of pay with retrospective effect from 22.09.1981, would direct the respondents to consider the case of the petitioner for grant of B.Sc trained scale of pay strictly in accordance with law as per his seniority position shown in the fresh gradation list drawn in view of the judgment passed in the case of Ramnath Prasad Singh (supra). The aforesaid exercise must be completed by the respondents 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. Ranjan (Mihir Kumar Jha, J.)