IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1956 of 2007 Dev Narayan Lal Das, son of Sri Laxmi Lal Das, resident of Village and Post Viraul, Dist. Madhubani. ------- Petitioner Versus 1. The State of Bihar through the Secretary cum Commissioner, H.R.D., Bihar. 2. The District Superintendent of Education, Madhubani, Bihar. 3. The Director of Secondary Education, Bihar, Patna. 4. The Director of Primary Education, Bihar. 5. District Education Officer, Madhubani. --------- Respondents ----------- 2 29.7.2011 No one appears on behalf of the petitioner. Counsel for the State is present. As with regard to the following prayer of the petitioner in this writ application:- “1(i) A Mandamus commanding and directing the respondents to consider the case of the petitioner for granting pay scale due to petitioner with respect to promotion to the Inter trained senior Pravar Category under the pay scale of 850-1360 which had been sanctioned and allowed for the month of March 1990 only latter stopped. (ii) A mandamus commanding and directing the respondents to promote the petitioner to the post of B.A. trained teacher and accordingly fixation of salary with regard to same.” it has to be observed that the petitioner retired from service on 31.1.1996 and after 13 years, he could remember that he was also entitled for grant of B.A. Trained Scale of 2 Pay. It thus becomes clear that the petitioner had made a wholly belated claim after more than seventeen years of the cause of action. Recently, the Full Bench of this Court has already decided the principle while explaining 1993 rules and has also directed for drawing a fresh gradation list with effect from 1.1.1986. If by virtue of such direction of the Full Bench in the case of Ram Nath Prasad Singh Vs. The State of Bihar & Ors. reported in 2009(3)PLJR 384, the petitioner would find that any one junior to him was given promotion in the B.A. Trained Scale of Pay till the date he was in service, he would be entitled to raise such claim for his grant of B.A. Trained Scale of Pay. With the aforementioned observations and liberty, this application is disposed of. Rsh (Mihir Kumar Jha, J.)