IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9306 of 2000 GAJESHWAR RAM son of late Tilak Ram, Bhirkhi south ward no.12. Sukhashan Road , District- Madhepura, at posted as assistant teacher Devi Middle School, Jiwachhpur, Anchal- Madhepura East, Distt Madhepura... Petitioner Versus 1. The State of Bihar 2. The Director, Primary Education, Bihar,Patna. 3. District Superintendent of Education, Madhepura,Distt. Madhepura..Respondents. ---------- Advocate for the Petitioner:- 1. Mr. Sharda Nand Mishra 2. Mr. D. K. Gupta ----- Advocate for the State:- Mr. P. K.Singh -------- 5 11-11-08 Heard learned counsel for the petitioner and learned counsel for the State. On behalf of petitioner it has been submitted that during pendency of the writ petition petitioner has died and a substitution petition had been filed on behalf of his wife (savitri Devi) in the office. A copy of that I.A.has been made available for perusal of this court. In the facts of the case prayer for substitution made by Savitri Devi, the wife of the deceased petitioner is allowed. The writ petitioner claimed for arrears of pay on account of changed dates of promotion and promotion to B.A. trained scale vide order contained in annexure- 4 dated 18-7-93. He has also prayed for his posting in Headmasters’ scale. From the counter-affidavit filed on behalf of respondent-State and its officials it appears that there is strong averment that annexure-4 is a forged and fraudulent letter. On the basis of records in the office of District Superintendent of Education, Madhepura it has been submitted that no letter was issued from that office on 18th July,1993 and the memo given in annexure-4 is imaginary. There is no rejoinder to controvert such statements in the counter-affidavit. Hence, it is found that annexure-4 is forged and no relief can be granted to the petitioner on that basis. So far as posting of the petitioner in Headmasters scale is concerned petitioner has cited names of some teachers in paragraph-16 of the writ petition and has asserted that they are juniors to the petitioner but have been granted scale of Headmaster. The reply in the counter-affidavit is categorical that those persons were wrongly given pay-scale of Headmasters and when such scale was withdrawn they challenged such orders through writ petition and on account of pendency of writ petition some of them continued. It has further been stated in the counter-affidavit that a policy decision has been taken by the State Government under which different gradation lists for Science and Arts teachers have been prepared for the purpose of promotion to the scale of Headmasters but no action is being taken on the basis of those gradation lists because of pendency of a writ petition. Learned counsel for the petitioner submits that the aforesaid dispute in respect of preparation of gradation lists differently for science and arts teachers has been resolved and recently appointments have been made in the scale of Headmaster. However, he has not cited any specific instance. In the facts of the case, so far as the second relief sought by the petitioner is concerned, the writ petition is disposed of with a direction that although petitioner is Naresh dead but if the matter of grant of scale of Headmaster is considered and his juniors are granted such scales from a date prior to the death of the petitioner in that…event his case shall also be considered for notional scale in accordance with law. It is not possible to fix a time limit in this matter but it is expected that respondents will act with expedition. ( Shiva Kirti Singh,J)