IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13318 of 2001 Satyendra Singh, son of Late Baijnath Singh, resident of village- Sattar, P.O. Sattar, P.S. Mali (Nabinagar), District- Aurangabad, at present working as Assistant Teacher in Rajkiya Middle School, Gheura, Anchal Kutumba, P.O.- Gheura, P.S. Rishiup, District- Aurangabad ………. Petitioner Versus 1.The State Of Bihar 2.The Director, Primary Education Department, Govt. of Bihar, Patna 3.The District Education Establishment Committee through its Secretary the District Superintendent of Education, Aurangabad 4.The District Superintendent of Education, Aurangabad ……… Respondents. ----------- 14. 08/02/2010 Heard learned senior counsel for the petitioner and learned counsel for the State. Pursuant to order dated 27.1.2010 the District Superintendent of Education, Aurangabad is present in Court. He has filed his show cause. In the show cause he has explained that delay has been caused in filing affidavit in the case because of the fact that the file concerning petitioner had been misplaced in his office. With the show cause, pay fixation chart has been annexed as Annexure-C, from which it appears that petitioner has been given benefit of pay fixation on higher scale on completion of 12 years of service by the then District Superintendent of Education on 30.1.2006 itself. - 2 - The District Superintendent of Education informs this Court that petitioner has received payments of his arrears pursuant to fixation of his pay in terms of Annexure-C. Therefore, grievance of petitioner to that extent is redressed. Learned senior counsel for the petitioner submits that petitioner is in fact entitled for his promotion also in B.Sc. trained scale from the date he became eligible for the same i.e. 17.6.1995, and consequent promotion to the post of Headmaster. The District Superintendent of Education informs this Court that the process for promotion to graduate trained scale and consequent promotion to the post of Headmaster has been taken up in the District and the same will be finalized soon in terms of orders passed by this Court in other cases. Since this process involves consideration of eligibility of the teachers of the District, this Court is not inclined to pass any specific order in respect of the petitioner. However, it is expected that the process shall be completed expeditiously and preferably within a period of four months. If the petitioner is found entitled - 3 - for his promotion to B.Sc. trained scale with effect from 17.6.1995 as per law, he shall be granted the same with all consequential benefits. The apology tendered by the District Superintendent of Education, Aurangabad is accepted and the rule is discharged. His personal appearance is dispensed with, with a word of advice that he should take stock of his office and records and hold physical verification so that he is in know of affairs going on in his office. In view of the factual position and the statement made by the District Superintendent of Education, Aurangabad, this writ application is disposed of with the aforesaid observations and directions. Pradeep/ (J. N. Singh, J.)