IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2968 of 2002 RAJESHWAR SINGH, SON OF LATE RAM SHARAN SINGH, RESIDENT OF VILLAGE KHARAUNA, P.S MASAURHI, DISTRICT PATNA, PRESENTLY POSTED AS ASSISTANT TEACHER, PRIMARY SCHOOL KANAURA, PALIGANJ-2, PATNA……………………….…..PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 3. THE DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, PATNA DISTRICT THROUGH ITS SECRETARY 4. THE DISTRICT MAGISTRATE, PATNA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA……………. RESPONDENTS ----------- 3. 21.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. In this writ application, petitioner has prayed for a direction to the respondents to grant promotion to him in B.Sc. trained scale with effect from 1.4.1989, a date from which juniors of the petitioner were granted the same. Petitioner has disclosed details of the juniors in paragraph no.9 of the writ application. Learned counsel for the petitioner submits that a copy of the counter affidavit was served on him from which it appears that the respondents have not denied the claim of the petitioner. He submits that respondents’ stand in the counter affidavit was that due to non- - 2 - availability of some documents, the case of the petitioner could not be considered earlier. He further submits that those documents have been filed by the petitioner with the respondents and, therefore, the case of promotion of the petitioner can now be considered by the respondents. Counter affidavit is not available on record. However, learned counsel for the respondents submits that promotion of those persons junior to the petitioner was conditional. He further submits that now in view of the judgment of the Full Bench of this Court reported in 2009 (3) PLJR 384 in the case of Ram Nath Prasad Singh Versus State of Bihar & Ors.), respondents have to take up fresh exercise for preparation of the gradation list of Science and Arts Teachers separately. Petitioner being Science Graduate, his case will be considered for inclusion in the gradation list for promotion in the Science Graduate trained pay- scale and if his name is found well above and within the cut-off mark and if he is found eligible, he shall be granted promotion. He also - 3 - submits that if juniors, who have been named by the petitioner in paragraph 9 of the writ application, are found not entitled for promotion, their promotion will be cancelled. However, in case they continue to get the benefit of the promotion by virtue of the gradation list and they are shown juniors to the petitioner, he will also get promotion in Graduate trained pay-scale. In view of the categorical stand of the learned for the respondents, nothing remains to be decided in this case and the writ application is disposed of with a direction to the respondents to consider the case of the petitioner for grant of graduate trained pay- scale in accordance with law as expeditiously as possible. B.T (J.N. Singh, J.)