IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9566 of 1997 Shiv Shanker Choudhary, Son of late Faudar Choudhary, Resident of Mohalla Bagmali, P.O. Hajipur, P.S. Hajipur, Town District Vaishali at Hajipur, presently Assistant Teacher Govt. Middle School Panapur, Dharampur Anchal Biddupur, District Vaishali. --------- Petitioner Versus 1. The State of Bihar through the Commissioner and Secretary, Secondary, Primary and Adult Education Department, Vikash Bhawan, Patna. 2. Director, Primary Education, Bihar Vikash Bhawan, Patna. 3. District Education Establishment Committee through the District Magistrate cum Chairman, Vaishali, Hajipur. 4. District Superintendent of Education, Vaishali at Hajipur. -------- Respondents ----------- 5 29.07.2010 Heard learned counsel for the parties. The prayer of the petitioner in this writ application reads as follows:- “1. That this is an application by the petitioner abovenamed for issuance of an appropriate writ/order/ direction to give him consequential monetary benefits of promotion in B.A. Trained Scale from 1.4.1988 i.e. enhanced salary and allowances by dint of promotion, revising the portion of the order as contained in memo no. 2235 dated 30.9.95 of District Superintendent of Education of Vaishali (for short D.S.E.) which contains that financial benefits of promotion shall be given from the date of issue of the order aforesaid.” As would be clear from reading of 2 the aforementioned prayer, the financial benefit of alleged promotion of the petitioner in the B.A. Trained Scale of Pay has to be paid by an order of promotion. Learned counsel for the petitioner would point out that Annexure-1 dated 30.9.1995 is the order of promotion. Unfortunately, this Court would not find the same if the order in question is perused. The order dated 30.9.1995 seeks to appoint the petitioner by way of direct appointment on the post of B.A./B.Sc. Trained Scale of Pay. Such appointment was wholly impermissible in view of the statutory rules of the year 1993 providing only direct recruitment on the post of Matric Trained Scale of Pay. Once this Court would, therefore, find that the claim of the petitioner is founded on an illegal order, there would be no question of directing the respondents to make payment of salary from retrospective effect. This Court would not like to say anything more about the continuance of the petitioner in the B.Sc. Trained Scale of Pay and if, therefore, he is getting salary from 3 the date of the order as contained in Annexure-1, he should be satisfied with that. That being so, this application is wholly misconceived and the same is dismissed. Rsh (Mihir Kumar Jha, J.)