IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15693 of 2005 CHANDESHWAR PRASAD SINGH, SON OF LATE GURUDEO SINGH, RESIDENT OF VILLAGE KESHOPUR, P.O. BABHANGAON, DISTRICT MUZAFFARPUR. -----------------------------------------------------------------------------------------------------PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, MUZAFFARPUR. 3. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, MUZAFFARPUR. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR. 5. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA. 6. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. ------------------------------------------------------------------------------------------------ RESPONDENTS ******** 4 23.3.2011 Learned counsel for the petitioner is permitted to add the Principal Secretary, Primary and Adult Education as respondent no. 5 and the Director, Primary Education as respondent no. 6 in this writ application. The petitioner has filed this writ application claiming that he should be granted the higher scale of B.Sc. trained as it has been granted to persons junior to him such as Sri Jagdish Pandey, Sri Harendra Kumar Singh, Sri Ram Swaroop, Bhakt and Sita Ram Singh. The petitioner was working in Middle School, Rampur, Bhikanpura in the district of Muzaffarpur. He retired in the year 2009. This writ application was filed in the year 2005 claiming that Harendra Kumar 2 Singh was granted B.Sc. scale on 31.3.1993 and Super Selection Grade on 31.8.2005. The claim is based on a document filed in the supplementary counter affidavit dated 3.7.1981 by which petitioner and Harendra Kumar Singh have been shown amongst the list of the teachers who have been granted the I.Sc. trained scale. This list does not indicate the seniority of the petitioner viz a viz Harendra Kumar Singh. The grant of promotion or granting of higher scale of B.Sc. trained is dependent on the vacancies of the post and the seniority list. There is insufficient material in the writ application to indicate that there was a gradation list prepared showing the petitioner to be senior to the other incumbents who have been granted the scale. A similar matter regarding the grant of B.A. trained scale has been brought to the notice of the Court and the order has been passed by the High Court that a gradation list should be prepared and thereafter the B.A. trained scale should be granted according to the vacancies. It would be proper for the Principal Secretary, 3 Primary and Adult Education as well as the Director of the Primary Education to look into this matter in consultation with the District Superintendent of Education, Muzaffarpur. The department should take a decision as to whether they are purporting to create two seniority lists- one for the B.A. trained teachers and the other for the B.Sc. trained teachers or whether they are going to prepare a common seniority list of I.Sc. and I.A. trained teachers for the purposes of granting higher scale. The petitioner may file a representation before the Principal Secretary, Primary and Adult Education and the Director, Primary Education who will call for a report from the District Superintendent of Education, Muzaffapur before passing any orders with respect to grant of higher scale to the petitioner. The petitioner is at liberty to file his representation within a period of six weeks on receipt of a copy of this order. The matter may be finalized in accordance with the earlier order passed by this Court regarding grant of B.A. trained scale which should be disposed of by the 4 Director within a reasonable time. This writ application is disposed of with the aforesaid observation and direction. Sanjay ( Sheema Ali Khan, J.)