IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1516 of 1997 INDU KUMARI D/O Janardan Prasad Poddar, resident of Mohalla- Kali Bari, P.S. & District- Khagaria. --------- Petitioner Versus 1. THE STATE OF BIHAR. 2. The Director (Primary Education) of Education, Bihar, Patna. 3. Regional Deputy Director of Education, Koshi Division, Saharsa. 4. The District Magistrate, Madhepura. 5. The District Superintendent of Education, Madhepura. 6. The District Education Officer, Madhepura. 7. The Deputy Development Commissioner, Madhepura. 8. The District Welfare Officer, Madhepura. 9. The District Inspectress of Education, Madhepura. ---------- Respondents. ----------- 9 24.11.2008 The writ application has been filed challenging the order dated 27the September, 1996 passed by the District Magistrate-cum- Deputy Development Commissioner, Madhepura canceling the promotion granted to 62 persons on the post of Headmaster/also granting B.A. trained scale to some of them. The petitioner has been granted B.A. trained scale. The order impugned has been passed on the ground that such promotion, grant of higher scale was accorded to the petitioner and similarly situated persons were issued without approval of the Establishment Committee. Learned counsel for the petitioner submits that the impugned annexure was challenged by several persons on the ground 2 that they were deprived of a benefit granted to them without giving an opportunity of hearing. The impugned order was discussed in the case of Janardan Prasad Yadav Vs. The State of Bihar & Ors. in CWJC No. 10899 of 1996 disposed of on 19th March, 1997 and CWJC No. 11052 of 1996 dated 23.5.1997. The order of this Court passed in CWJC No. 11052 of 1996 dated 23.5.1997 has been annexed in the supplementary affidavit which indicates that the matter has been remanded for fresh hearing after giving reasonable opportunity to the petitioner of that case to represent their stand. To me it appears that the matter having been remanded to the concerned respondents namely the District Magistrate to enquire into the matter. There must be an enquiry and a report prepared by the District Magistrate on the subject matter aforesaid. In any event, the petitioner may represent his case to the District Magistrate annexing the orders of this Court and the impugned order so that the District Magistrate may take a decision in his case within a period 3 of four months on receipt/production of a copy of this order. If on enquiry, the District Magistrate finds that the petitioner was duly given the B.A. trained scale then, she would be entitled to the arrears of salary. At this stage, learned counsel for the petitioner submits that in fact she is not getting any salary since 1995, I find that rather strange in view of the fact that the petitioner has not been terminated from service the only order that has been passed to the detriment of the petitioner is that she would not be entitled to B.A. trained scale. These facts may be ascertained by the District Magistrate while making the said enquiry. The writ application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)