IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.11650 OF 2004 DAYA SHANKAR PANDEY, SON OF LATE SUKHARI PANDEY, RESIDENT OF VILLAGE HINGULAHAR, POLICE STATION SHIKARPUR, DISTRICT WEST CHAMPARAN …………………………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER AND SECRETARY, PRIMARY, SECONDARY AND ADULT EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, WEST CHAMPARAN AT BETTIAH ………………………………………………………………………….RESPONDENTS ******** 6 09/12/2010 The grievance of the petitioner is that he was working as Incharge Headmaster since 21.01.1973 in Middle School, Dhamaura, Anchal Gaunaha, district West Champaran, he should be promoted regularly to the post of Headmaster and be granted salary etc. of the said post. The petitioner was appointed in the year 1971 and for some reason, he was made Incharge Headmaster within two years of his joining the services on 21.02.1973. I do not think that merely because he has worked as Incharge Headmaster, he would be entitled to grant of promotion to the higher post, that too when his period of service was only two years. Promotion to the post of Headmaster and grant 2 of higher scale will depend upon the circulars of the State Government, the vacancies available and the seniority of the petitioner in the gradation list. This Court cannot pass any positive in favour of the petitioner, the petitioner may pursue his remedies before the department, if so advised. This writ application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )