IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.1674 OF 2007 1. CHANDRA DEO MEHRA, SON OF LATE PHODAR MEHRA AT PRESENT POSTED AS HEAD MASTER IN MIDDLE SCHOOL JAITPUR, RUDRAPUR, BLOCK- BHORE, DISTRICT-GOPALGANJ. 2. BIRJLAL HARIJAN, SON OF LATE LAKHI HARIJAN, AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL SALEMPUR, DISTRICT-GOPALGANJ. 3. KANHAIYA RAM, SON OF LATE GAJADHAR RAM, AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL BARAI, UCHKAGAON, DISTRICT-GOPALGANJ. 4. RUMALI BAITHA, SON OF LATE JHULI BAITHA, AT PRESENT POSTED AS HEADMASTER IN BHAJIRWAKALA, PHULWARIA, DISTRICT-GOPALGANJ. 5. BABULAL, SON OF LATE RAJ BALI HARIJAN, AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL MAHUAWA, VIJAYEEPUR, DIST-GOPALGANJ. 6. GAMA MANJHI, SON OF LATE JAI GOVIND MANJHI, AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOLSAFIDWAD, BAIKUNTHPUR, DISTT- GOPALGANJ. 7. RAM LACHHAN RAM, SON OF LATE KOKIL RAM, AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL MATHUALI, VIJAYEEPUR, DIST-GOPALGANJ. 8. JAGANNATH BAITHA, SON OF LATE NATHUNI BAITHA, AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL BHATHWA, PANCH DEWAR, DISTT- GOPALGANJ. 9. LAXMAN PRASAD, SON OF LATE GALU PRASAD RAM, AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL MOTIPUR, PANCHDEWARI, DISTT- GOPALGANJ. 10. RUDAL BAITHA, SON OF LATE DAMRI BAITHA, AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL BALA HATA, UCHKAGAON, DISTT- GOPALGANJ. 11. BHIM RAM, SON OF LATE RAMPATI RAM, AT PRESENT POSTED AS HEADMASTER IN MIDDLE KOINI MANJHA, DISTT-GOPALGANJ. 12. HIRA LAL RAM, SON OF LATE RAMKARAN RAM, AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL, BAIRAGI TOLA, PHULWARIA, DISTT- GOPALGANJ. 13. SURYADEO BAITHA, SON OF LATE DHANPAT BAITHA, AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL, RUDRAPUR KOCHA, DISTT- GOPALGANJ. 14. RAM PRASAD MANJHI, SON OF LANGTU MANJHI, AT PRESENT POSTED AS HEADMASTER IN 2 MIDDLE SCHOOL SORIA SIGHWALIA, DISTRICT- GOPALGANJ. 15. LAXMI RAM, SON OF DOMA RAM, AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL RATAN SARAI, BARAULI. 16. MAHATMA RAM, SON OF LATE UNI RAM, AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL RAIPURA HATHUA, DISTRICT-GOPALGANJ. 17. BIJALI MANJHI, SON OF BHARAT MANJHI, AT PRESENT POSTED AS HEAD MASTER IN MIDDLE SCHOOL SARIA NARENDRA BARAULI, DISTT- GOPALGANJ. 18. RAM RAJ MANJHI, SON OF LATE BANKA MANJHI AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL MAHARANI BAIKUNTHPUR, DISTT- GOPALGANJ. 19. KAMLA KANT RAM, SON OF GOVIND RAM, AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL RAMPUR DAUD KUCHAIKOT, DISTT-= GOPALGANJ. 20. RAKSHA RAM, SON OF JHINGA RAM, AT PRESENT POSTED AS HEAD MASTER IN MIDDLE SCHOOL NEURI BARAULI, DISST- GOPALGANJ. 21. SHIVAJI CHAUDHARY, SON OF DUMARI CHAUDHARY AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL TIWARI MATIHANI KUCHAIKOT, DISTT-GOPALGANJ. 22. KAPIL DEO BAITHA, SON OF LATE NAGESHWAR BAITHA AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL KOELADEWA, PHULWARI DISTT- GOPALGANJ. 23. SWARUP RAM SON OF MANGANI RAM AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL TULAHAPAR, KUCHAIKOT, DISTT- GOPALGANJ. 24. SHIV BACHAN RAM SON OF LATE GENDA RAM AT PRESENT POSTED AS HEADMASTER IN MIDDLE SCHOOL SCHHATRA PATTI, KUCHAILOR, DISTT- GOPALGANJ. 25. DEENA NATH RAM SON OF LATE CHHABILA RAM AT PRESENT POSTED AS HEAD MASTER DHANAUTI VIJAYPUR, DIST-GOPALGANJ. ……PETITIONERS. VERSUS 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY HIMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT, OF BIHAR, PATNA. 3. DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 4. REGIONAL DEPUTY DIRECTOR OF EDUCATION, SARAN DIVISION, CHAPRA. 3 5. District Superintendent of Education Gopalganj. 6. District Magistrate, Gopalganj. …..Respondents. ----------- 02. 01.08.2011 Having heard counsel for the parties and taking into account that Mr. Shanti Pratap, learned counsel for the petitioner has confined the relief sought in paragraph no. 1 in this writ application to the following extent:- "This application is also being filed for commanding the respondents to extend the financial benefits due to the petitioners with effect from 01.03.1989 in light of para 7 of Govt. resolution no. 6022 dated 18.12.1989 issued by the Finance Department, Govt. of Bihar, Patna.” this Court would find it difficult to allow such prayer in absence of any specific averment showing the actual date of promotion of the petitioners in the B.Sc trained scale of pay. The reliance placed by the petitioners on Annexure-5, an order passed in case of Chandra Shekhar Tiwari while allowing him the benefit of difference of salary from 31.12.1985, in view of an earlier order passed by this Court in C.W.J.C No. 5647 of 1992 seems to be wholly misconceived, inasmuch as, the petitioners have ignored the fact that in the case of Mr. Tiwari, it was 4 an admitted position that he had been given such promotion in the B.Sc trained scale of pay w.e.f., 31.12.1985. The date i.e. 31.12.1985 has relevance, inasmuch as, the 1993 statutory Rules came into force w.e.f., 01.01.1986, whereafter any promotion given in B.a. trained scale would be vulnerable inasmuch a fresh gradation list was to be drawn by merging the cadres of teachers of Matric trained and Intermediate trained teachers as explained in the Full Bench Judgment of this Court in the case of Ram Nath Prasad Sinha and others Vs. State of Bihar and others reported in 2009(3) PLJR 384. Admittedly the petitioners claim that they were promoted the post of Headmaster on 23.11.1995, without preparation of the fresh combined gradation list in terms of 1993 Rules and thus this Court would find it difficult to grant the relief as prayed by learned counsel for the petitioner. The petitioners have already retired from service and only thereafter it has occurred to them that they were entitled for certain difference of salary for their service period 5 as with regard to an event which had taken place at least a decade back if not earlier. That being so, this application is wholly misconceived and is, accordingly, dismissed. Ranjan ( Mihir Kumar Jha, J)