IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.12104 OF 2007 SRI KANT MISHRA, S/O LATE RAM JANAM MISHRA, R/O VILLAGE ATIMI, P.S NAWANAGAR, DISTRICT BUXAR AT PRESENT ASSISTANT TEACHER POSTED AT URDU PRIMARY SCHOOL, BALIHAR, P.S SIMRI, DISTRICT BUXAR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 2.THE SECRETARY CUM COMMISSIONER OF EDUCATION, GOVT. OF BIHAR, PATNA. 3.THE DISTRICT SUPERINTENDENT OF EDUCATION, DISTRICT BUXAR. 4.THE BLOCK EDUCATION EXTENSION OFFICER, SIMRI, P.O. SIMRI, DISTRICT BUXAR. ………………………RESPONDENTS. ----------- 02/ 08.11.2011 Heard counsel for the parties. In this writ application the petitioner, Assistant Teacher in Primary School has sought a direction for considering his promotion in the B.A trained scale since June 1991. Counsel for the petitioner has submitted that the petitioner fulfills all the educational qualification required for the post of B.A trained teacher and in fact having been appointed as matric trained teacher on 19.04.1978, he had become entitled for grant of promotion in terms of the existing rules but sadly his case was ignored and that his juniors were given 2 such promotion. A supplementary affidavit has been filed today by the petitioner enclosing a tentative gradation list dated 25.03.2001 which was circulated by the Regional Deputy Director of Education, Buxar on 14.10.2011 inviting objection as with regard to any entry/omission made in the tentative gradation list, the petitioner by filing a representation dated 18.10.2011 has claimed that his seniority position in the tentative gradation list should have been at serial no. 29 but unfortunately his name did not find place at all in the said seniority list. As usual there is no counter affidavit on behalf of respondents and today the counsel for the State would take a plea that a new fact has been brought on record in the supplementary affidavit filed by the counsel for the petitioner. This Court fails to understand such attitude of the respondents who have failed in explaining and clarifying the reasons for not giving promotion to the petitioner even when a direction has already been given by 3 a Full Bench of this Court in the case of Ram Nath Singh & Ors vs The State of Bihar & Ors, 2009(3) PLJR 384 to finalize the seniority position within a period of six months and issue the order of promotion immediately thereafter, the very fact that the direction given by the Full Bench in the case of Ram Nath Singh(supra) has not been complied by the respondents even after expiry of a period of more than two years would be sufficient to show that the respondents do not have any intention to carry out the directions of this Court. This Court however for the time being would only direct the Competent Authority to look into the aforementioned objection filed by the petitioner on 18.10.2011 as contained in Annexure-11 and ensure that not only a final decision as with regard to inclusion of the name of the petitioner in the gradation list is taken within a period of four months from the date of receipt/production of a copy of this order, but a final decision as with regard to promotion of the petitioner in B.A trained scale w.e.f the due date is 4 also notified within next two months from the date of finalizing the seniority position of the petitioner. The whole exercise as indicated above must be completed within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)