IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16090 of 2006 SAYED NASIR AHMAD, S/O LATE SAYED WAKIL AHMAD R/O MOHALLA BELLY SARAI, SADAR HOSPITAL, P.S MOTIHARI NAGAR, DISTRICT MOTIHARI, EAST CHAMPARAN. ………………….PETITIONER. VERSUS 1.THE STATE OF BIHAR, THROUGH ITS SECRETARY, PRIMARY EDUCATION, BIHAR, PATNA. 2.DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 3.REGIONAL DEPUTY DIRECTOR OF EDUCATION, MOTIHARI, EAST CHAMPARAN. 4.DISTRICT SUPERINTENDENT OF EDUCATION, ARRAYRAJ, MOTIHARI, EAST CHAMPARAN. 5.D.E.O. MOTIHARI, EAST CHAMPARAN. 6.REGIONAL EDUCATION OFFICER, ARRAYRAJ, MOTIHARI, EAST CHAMPARAN. 7.DISTRICT MAGISTRATE, EAST CHAMPARAN. 8.ACCOUNTANT GENERAL OF BIHAR, BIRCHAND PATEL PATH, PATNA. ………………………RESPONDENTS. ------------- 03/ 20.07.2011 Having heard counsel for the parties and taking into account that the petitioner has raised a stale matter of claiming promotion in the B.A trained scale of pay w.e.f 01.01.1986 after seven years of his retirement by filing this writ application on 12.12.2006, whereas he ceased to be a government servant as on 31.07.1999, this court would find it difficult to now entertain this wholly belated writ application. Nonetheless now the issue as with regard to exercise for grant of B.A trained 2 scale of pay has to be made by the Authorities of the Education Department in terms of the directions given by the Full Bench in the case of Ram Nath Singh and Ors vs The State of Bihar and Ors reported in 2009(3) PLJR 384, this Court would give liberty to the petitioner to approach the concerned District Education Establishment Committee of East Champaran district. If the petitioner would demonstrate that any person junior to him till the date of his retirement was granted such promotion on the basis of revised gradation list, prepared in terms of the judgment of the Full bench in the case of Ram Nath Singh (supra), the authorities will be required to also consider the case for grant of B.A trained scale of pay to the petitioner from the same date on which anyone junior to him was given such promotion. With the aforementioned observation and restrictive liberty this application is disposed of. Ranjan (Mihir Kumar Jha, J.)