IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17477 of 2009 1. BALINDRA SINGH S/O R. P. SINGH R/O VILLAGE & P.O.- BARKA MANJHA, P.S.- MANJHA, DISTT.- SIWAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT SUPERINTENDENT OF EDUCATION SIWAN ----------- 2/ 09.04.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for a direction to the respondents to grant him benefit of promotional scale with effect from the date promotion has been allowed instead of the date of issuance of the order of promotion. At the time of his initial appointment, petitioner possessed qualification of B.Sc. Trained Scale but he was appointed in Matric Trained Scale. The issue relating to appointment of B.Sc. Trained Scale in the Matric Trained Scale was considered by the High Court in C.W.J.C. No. 4190 of 1990 and in terms of the order passed by the High Court, case of similarly situated Assistant Teachers appointed in Matric Trained Scale was considered, considering their appointment in the B.Sc. Trained Scale instead of Matric Trained Scale, vide order contained in Memo No. 11 dated 03.04.1992 in the light of the recommendation of the District Establishment Committee, the petitioner was considered to be appointed in the B.Sc. Trained Scale with effect from 13.03.1982 but the payment of salary in the promotional scale was allowed with effect from the date of issuance of the - 2 - promotion order. The issue relating to granting promotional scale to an employee with effect from the date of promotion and not with effect from the date of issuance of the promotion order, has been considered by this High Court in case of Awadhesh Singh Vs. The State of Bihar and Ors., reported in 2005 (1) PLJR 297, and the finding has been recorded that once promotion is given with retrospective date the money benefit must also be granted from the date of the promotion and not with effect from the date of issuance of the order. This application is being disposed of in terms of the decision reported in 2005 (1) PLJR 297. Respondent No. 2 is directed to grant all consequential benefits of the petitioner in the promotional scale with effect from the date of his promotion. The order must be issued in this regard, within four weeks and all payments be made to the petitioner. Sanjeet/ (Mridula Mishra, J.)