IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8343 of 2003 1.Poshan Pd.Singh, S/O Ram Ashish Singh, resident of Banasipur, P.O. Bham Bordha, District- Vaishali, at present working as Assistant Teacher, Middle School, Tangauli, Aagipur, Vaishali 2.Hareshwar Jha Azad, S/O Late Janardan Jha, village + P.O. Bajitpur, District- Vaishali, at present working as an Assistant Teacher, Middle School, Nawanagar (Bidupur Bazar) Vaishali 3.Ram Sanjiwan Pd.Singh, S/O Nageshwar Singh, village + P.O. Bhagwatipur Pohiyar in the district of Vaishali, at present working at Middle School, Bhagwatipur P.O. Pohiyar, District- Vaishali 4.Chandra Shekhar Prasad Sah, S/O Bhitan Sah, village – Gauspur Izara, P.O. Izara, District- Vaishali, at present working as Assistant Teacher in Middle School Kartahan, District- Vaishali 5.Shiva Nand, S/O Hulas Singh, resident of village- Bishunpur, P.O. Madarna District- Vaishali, at present working as an Assistant Teacher in Middle School, Parmanandpur P.O. Lalganj, District- Vaishali …….. Petitioners Versus 1.The State Of Bihar through its SDecretary- cum-Commissioner, Primary and Adult Education, Bihar, Patna 2.Director, Primary Education, Bihar, Patna 3.District Magistrate-cum-Chairman, District Establishment Committee, Vaishali, Hajipur 4.District Superintendent of Education, Vaishali, Hajipur …… Respondents. ----------- 4. 17/08/2009 Heard learned counsel for the petitioners and learned counsel for the State. In this writ application, petitioners have prayed for a direction to the respondents to promote them in Graduate Trained scale in view of the fact that the persons junior to them - 2 - have already been granted the said scale. Learned counsel for the State submits that now in view of the recent judgment of the Full Bench of this Court reported in 2009(3) PLJR 384, respondents have to take up the exercise of preparation of gradation list in terms of the directions contained therein in which case of the petitioners vis-à-vis case of their juniors will be considered. However, he submits that through the counter affidavit filed in this case, respondents have denied that any junior to the petitioners was earlier granted promotion to the said scale, which fact is still under challenge by the petitioners. Since fresh exercise has to be undertaken now by the respondents for preparation of gradation list of teachers of different grades in terms of the directions of the Full Bench, this Court need not pass any specific order with any specific direction for the same. Therefore, this writ application is disposed of with a direction to the respondents to take up the exercise of preparation of gradation list afresh in terms of the directions of Full Bench and consider the case of the - 3 - petitioners accordingly within the period specified by the Full Bench in its order. It goes without saying that if after preparation of final gradation list in terms of the direction of the Full Bench, petitioners become entitled for grant of higher scale, they shall be granted the same. Pradeep/ (J. N. Singh, J.)