IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13998 of 2004 1. Vishwanath Mochi, son of late Dilchand Mochi, resident of village and P.O. Kesho Narayanpur Via- Patory, Police-Station Tajpur, District Samastipur, at present Headmaster, Middle School Dumari Block Mohanpur (Patory), P.O. Dumari, P.S. Patori, District- Samastipur 2. Ram Chandra Baitha, son of late Nathuni Baitha, resident of village,- Raipur, P.O & P.S. Uniyarpur, District:- Samastipur, at present posted as Headmaster, Middle School, Sarairanjan at and P.O,. Sarai Ranjan, District :-Samastipur. 3. Ram Sahay Baitha son of late Saryug Baitha, resident of village Hajpurba, P.O. Kushaiya, Police-Station Warisnagar, District Samastipur at present posted as Incharge, Headmaster, up graded Middle School, Chakmehashi, at /P.O. Chak Maheshi, Block Kalyanpur, Samastipur. 4. Ram Chandra Das, son of Sri Bhola Das, resident of village –Baghi Ekdara, P.O.- Baghi, P.S. Moffasil, Samastipur, District-Samastipur at present posted as Science Teacher, Government Middle School, Jitwarpur Chauth at present P.O. Jitwarpur, Chauth, P.S. Muffasil, Samastipur, District-Samastipur. 5. Brahmdeo Paswan, son of late Ram Sundar Paswan, resident of village Pachpaika Pataili, P.O.- Korhara, P.S. Ujiyarpur, District- Samastipur, at present Assistant teacher up graded Middle School Mordiwa, P.O. –Mordiwa, P.S. and Distt-Samastipur. 6. Braj Nath Paswan, son of late Gomeshi Paswan, resident of village Raipur, P.O. & P.S. Ujiarpur, District Samastipur, at present Assistant teacher, up graded Midle School, Rampur, P.O. Rupauli, Block and District Samastipur Petitioners Versus 1. The state of Bihar 2. The Commissioner-cum-Secretary, Finance Department Bihar, Old Secretariat, Patna 3. Director, Primary Education, Bihar, New Secretariat, Patna 4. District Magistrate, Samastipur 5. District Education Establishment Committee, Samastipur, through its Secretary, District Superintendent of Education, Samastipur. 6. District Superintendent of Education, Samastipur. Respondents ----------- 3/- 13.12.2010 The petitioners are claiming that they were given promotion in the I.A. & B.A. trained scale. The said promotion 2 was prospective in nature, although the vacancies existed on the said post prior to the grant of the promotion. It is submitted by learned counsel for the petitioners that in pursuance of annexures 4 and 5, orders passed in C.W.J.C. No. 1027 of 1997 and L.P.A. No. 963 of 1998 on 09.07.1998 and 17.11.1998, similarly situated persons were granted promotion from retrospective date by the Finance Commissioner. It has been submitted on behalf of the State that the petitioners had been actually working on the post to which they were promoted from the date of promotion and as such they would not entitled to retrospective benefit. It is further submitted on behalf of the State that the orders were issued in compliance with the orders passed in L.P.A. No.963 of 1998 and M.J.C. (contempt) No. 3196 of 99 and cannot be made precedence for grant of promotion. This Court finds that the I.A. scale can only be granted in accordance with the seniority in the gradation list and in accordance with the vacancy for the grant of such benefit. Learned counsel for the petitioners submits that the petitioners had already filed a fresh representation on 22.11.2007. Nevertheless, I direct the petitioners to file another representation along with a copy of this order within eight weeks on receipt of this order and the same shall be disposed of considering all aspects of the matter. 3 This writ application stands disposed of with aforesaid observation. Ashwini/- (Sheema Ali Khan, J.)