IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9779 of 2003 Chandeshwari Ram, son of Kamleshwari Ram, Assistant Teacher, Girls Middle School, Chausa, Anchal Uda-Kishanganj, District Madhepura. --------- Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Madhepura. 3. The District Superintendent of Education, Madhepura. 4. The Block Education Extension Officer, Udakishanganj, Madhepura. -------- Respondents ----------- 3 13.09.2010 Having heard Mr. Bhola Prasad, learned counsel for the petitioner and counsel for the State as with regard to the following relief:- “1. That the petitioner prays by this Writ petition to quash the order dtd. 15.11.2002 containing in memo No. 1946-4(Annexure-4) passed by the Respondent District Superintendent of Education, Madhepura by which the pay scale of the petitioner has been reverted from Graduate Trained Scale to Matric Trained Scale illegally with a further direction to restore the pay scale of Graduate Trained to the petitioner and/or any other relief or reliefs for which the petitioner found entitled too.” this Court, in absence of any counter affidavit, would hold that now the decision with regard to grant of promotion in the B.A. Trained Scale of Pay has to be decided in the light of the direction given in the judgment of the Full Bench of this Court in the case of Ram Nath Prasad Singh Vs. The State of Bihar & Ors. reported in 2009(3)PLJR 384. In that view of the matter, this Court would direct the 2 District Education Establishment Committee of Madhepura district to re-consider the case of the petitioner for grant of promotion in the B.A. Trained Scale of Pay, if not already done, in terms of the judgment of the Full Bench Judgment of this Court in the case of Ram Nath Prasad Singh (supra) within a period of six months from the date of receipt/production of a copy of this order. It is, however, made clear that the impugned order dated 15.11.2002, however, will not stand in the way of the petitioner, if he is found entitled for such promotion in terms of the direction of this Court in the case of Ram Nath Prasad Singh (supra). With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)