IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.45 of 2008 1. Jagat Narain Singh son of Sri Bachcha Singh, resident of Village and P.O. Lejua, P.S. Daudpur, District- Saran, at present posted as Science Teacher, Middle School, Mirganj, Arrah Nagar, District- Bhojpur (Arrah). 2. Narendra Kumar Roy, son of Sri Ram Gobind Rai, Resident of Village- Amharuan, P.O.- Koshier, P.S. Chauri, District-Bhojpur (Ara) at present posted as Science Teacher, Upgraded Middle School, Mahuli, District- Bhojpur, Arrah. 3. Brij Bihari Prasad son of Late Radha Prasad, resident of Village- Ayar, P.O. Ayar, P.S. Ayar, District- Bhojpur (Arrah), at present posted as Science Teacher, Middle School, Attapur, P.S. Jagdishpur, District- Bhojpur (Arrah). ..... Petitioners. Versus 1. The State of Bihar through Secretary-cum- Commissioner, Human Resources Development Department, Govt. of Bihar, Patna. 2. The Director, Primary Education, Bihar, Patna. 3. The Commissioner, Patna Division, Patna. 4. The District Magistrate, Bhojpur (Arrah). 5. The Regional Deputy Director of Education, Patna Division, Patna. 6. The District Education Establishment Committee through its Chairman-cum- District Magistrate, Bhojpur (Arrah). 7. The District Superintendent of Education, Bhojpur (Arrah). 8. The Area Education Officer, Arrah, District- Bhojpur (Arrah). 9. Vijay Kumar Pandey, son of Sri Lallan Pandey, resident of Village- Basawan Kalan, P.S. –Sikaraul, District- Buxar, at present posted as Head Master, Middle School, Umrawganj, Shahpur, Dist- Bhojpur (Arrah). 10.Vishwanath Singh, son of Late Sridhar Singh, resident of Village- Kaura, P.S.- Jagdishpur, District- Bhojpur (Arrah), at present posted as Head Master, Middle School, Sanadian, District- Bhojpur (Arrah). 2 11. Upendra Narayan Singh, son of Late Awadh Singh, resident of Village- Birath, P.S.- Sahar (Chauri), District- Bhojpur (Arrah), at present posted as Head Master, Middle School, Chanda Tarari, District- Bhojpur (Arrah). 12. Narendra Prasad Singh, son of Late Ram Chandra Singh, resident of Village- Ayar, P.S. Jagdishpur, District- Bhojpur (Arrah), at present posted as Head Master, Middle School, Barnaw, Distt- Bjojpur (Arrah). 13. Sri Kamal Singh, son of Sri Lalan Jee Singh, resident of Village- Ariaon, P.S.- Dumraon, District- Buxar. 14. Maheshwar Pandey, son of Late Devi Dayal Pandey, resident of Village- Lauhar, P.S. Barhara, District- Bhojpur (Arrah) at present posted as Head Master, Middle School, Ekwari, District- Bhojpur (Arrah). 15. Suryadeo Prasad Singh, son of Sri Mahagu Singh, resident of Village- Jathbar, P.S. Tarari, District- Bhojpur (Arrah), at present posted as Head Master, Middle School, Kakila, District- Bhojpur (Arrah). 16. Dinesh Prasad Singh, son of Sri Gupteshwar Singh, resident of Village- Andhari, P.S. Sahar (Chauri), Dist.- Bhojpur, Arrah, at present Head Master, Middle School, Birampur, District- Bhojpur (Arrah). 17. Laxaman Prasad, son of Late Siv Prasad Ram, resident of Village- Ekwana, P.S. Barhara, Distt- Bhojpur (Arrah), at present posted as Head Master, Middle School, Pipra Jagdish Bihian, District- Bhojpur (Arrah). 18. Chandra Shekhar Singh, son of Sri Keshav Prasad Singh, resident of Village- Devaria, P.S.- Koilawar, District- Bhojpur (Arrah), at present posted as Head Master, Middle School, Hat Pokhar, District- Bhojpur (Arrah). 19. Mithilesh Kumar Singh, son of Late Shiv Kumar Singh, resident of Kurmur, P.S. Sikrahata, Distt- Bhojpur (Arrah), at present posted as Head Master, Girl Middle School, Pawna, District- Bhojpur (Arrah). 20. Prabhu Singh, son of Jiv Rakhan Singh, resident of Village- Dhanauli, P.S.- Charpokhari, District- Bhojpur (Arrah), at present posted as Science Teacher, Middle School, Jitaura, District- Bhojpur (Arrah). 3 21.Sheo Kumar Chaudhary, son of Sri Sheo Parsan Chaudhary, resident of Village- Maniachh, P.O.- Belaur, P.S. Sandesh, District- Bhojpur (Arrah), at present posted as Head Master, Middle School, Ekawana Kuiyan, Barhara, District- Bhojpur (Arrah). 22. Bashishtha Muni Rai, at present posted as Head Master, Middle School, Jamuawan, Piro, District- Bhojpur (Arrah). 23. Ram Darsan Singh, at present posted as Head Master, Middle School, Kumhalia, Charpokhari, District- Bhojpur (Arrah). 24. Raghubar Singh, at present posted as Head Master, Middle School, Karisar, Udwant Nagar, District- Bhojpur (Arrah). 25. Kawal Singh, at present posted as Head Master, Middle School, Khanani Kala, Piro, District- Bhojpur (Arrah). 26. Mahendra Prasad Singh, at present posted as Head Master, Middle School, Dalippur Dih, Jagdishpur, District- Bhojpur (Arrah). 27. Ram Narayan Pandey, at present posted as Head Master, Middle School, Sakkaddi, Koilwar, Distt- Bhojpur (Arrah). 28. Sheojee Tiwari, at present posted as Head Master, Middle School, Sohian, Shahpur, Distt- Bhojpur (Arrah). 29.Jai Prakash Narayan Singh, at present posted as Head Master, Middle School, Paithanpur, Arrah Muffasil, District- Bhjojpur (Arrah). 30. Birendra Kumar Singh, at present posted as Head Master, Middle School, Mahuawan, Bihiyan, Distt- Bhojpur (Arrah). 31. Rameshwar Singh, at present posted as Head Master, Middle School, Panwari, Tarari, Distt- Bhojpur (Arrah). 32. Shila Nath Prasad, at present retired as Head Master, Yadav Diayapith Middle School, Arrah Maulabag, District- Bhojpur (Arrah). 33. Sri Hari Bhajan Singh, at present posted as Head Master, Middle School, Parda Kanya, Arrah Town, District- Bhojpur (Arrah). 34. Kedar Nath Pathak, at present posted as Head Master, Middle School, Keshawpur Bakhari, Udwant Nagar, District- Bhojpur (Arrah). 35. Rajendra Prasad, at present posted as Head Master, Middle School, Dhudhua, Arrah Muffasil, District- Bhojpur (Arrah). 4 36.Radha Gobind Rai, at present posted as Head Master, Middle School, Barani, Charpokhari, District- Bhojpur (Arrah). 37. Sudama Tiwari, at present posted as Head Master, Middle School, Massuri, Jagdishpur, District- Bhojpur (Arrah). 38. Nirmal Kumar Singh, at present posted as Head Master, Middle School, Majhiyawan, Charpokhari, District- Bhojpur (Arrah). 39. Jagannath Ram, at present posted as Head Master, Urdu Middle School, Balbatra, Arrah, District- Bhojpur (Arrah). 40. Sudarshan Sharma, at present posted as Head Master, Middle School, Chawk Arrah, District- Bhojpur at Arrah. 41. Nandjee Singh, at present posted as Head Master, Middle School, Mahtania, Dihari, Udwant Nagar, District- Bhojpur (Arrah). 42. Kameshwar Prasad Gupta, at present posted as Head Master, Middle School, Dharahara, Arrah Town, District- Bhojpur (Arrah). 43. Jangaldhari Singh, at present posted as Head Master, Middle School, Karman Tola, Arrah Town, District- Bhojpur (Arrah). 44. Kanhaiya Singh, at present posted as Head Master, Middle School, Haradian, Jagdishpur, District- Bhojpur (Arrah). 45. Anil Kumar Singh, at present posted as Head Master, Middle School, Karnaul, Chandi, Garahani, District- Bhojpur (Arrah). 46. Prem Kumar Lal, at present posted as Head Master, Middle School, Kalyanpur, Bihiyan, Distt- Bhojpur (Arrah). 47. Baidya Nath Singh, at present posted as Head Master, Middle School, Ayar, Jagdishpur, District- Bhojpur (Arrah). ..... Respondents. ----------- 05- 10.11.2008 Heard Mr. Keshav Shrivastava for the petitioners, and Mr. Roy Shivaji Nath, learned Additional Advocate General No.IV. This application has been filed by the petitioners of C.W.J.C. No. 15957 of 2006 (Jagat Narain Singh and others Vs. The State of Bihar and others), 5 for review and/or recall of the order dated 11.12.2007, whereby the writ petition was dismissed. 2. Learned counsel for the petitioners submits that the order in question suffers from manifest errors apparent on the face of the record. He first of all submits that paragraphs 3 and 4 of the order erroneously mention the date of the previous gradation list as ’21.9.2005’, whereas the same was really finalised on 21.9.1995. He next submits that the same was a provisional gradation list and, therefore, could not have been acted upon and no promotion could have been given on the basis of such a provisional gradation list. He next submits that this Court also overlooked the order of a Division Bench of this Court of 12.11.2003 (Annexure-2 of the writ petition), passed in L.P.A. No.470 of 2002 (The State of Bihar and others Vs. Vijay Kumar Pandey and others), whereby there was in substance a direction to the respondent authorities to reconsider the seniority position of the present petitioners. He has relied on a judgment reported in 1994 (2) P.L.J.R. 818 (Dr. Rai Sudhakar Prasad Vs. State of Bihar and others). 6 3. The respondents have placed on record their counter affidavit and have supported the order under review. 4. We have perused the materials on record and considered the submissions of learned counsel for the parties. The admitted position is that the order in question erroneously mentions ’21.9.2005’as the date of the gradation list. Equally admittedly the correct position is that the same is of 21.9.1995, and a copy whereof was marked Annexure-B to the counter affidavit in the writ proceedings. In that view of the matter, let the order dated 11.12.2007, passed in C.W.J.C. No.15957 of 2006, be corrected to read accordingly. 5. In so far as the petitioners’ second submission is concerned, we have perused the materials on record and observe that the gradation list marked Annexure-B to the counter affidavit in the writ proceeding was really finalised on 21.9.1995. Learned counsel for the petitioners has not been able to bring to our notice any material to show that it was a provisional gradation list and had not attained finality on 21.9.1995. The contention is rejected. 7 6. In so far as the third submission is concerned, it appears that the present petitioners were not parties to L.P.A. No.470 of 2002, and, therefore, irrelevant in the present context. The writ petition giving rise to L.P.A. No.470 of 2002, raised different issues and completely unconnected with the case of the present petitioners. 7. We, therefore, do not find any ground for interference with the order in question. It is accordingly dismissed. (S K Katriar, J.) S.K.Pathak/