IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9802 of 2004 RAM CHARITAR SINGH, SON OF SRI BINDESHWAR SINGH, RESIDENT OF VILLAGE WAZIRGANJ, P.O AND P.S. WAZIRGANJ, DISTRICT GAYA, AT PRESENT POSTED AS AN ASSISTANT TEACHER IN PRIMARY SCHOOL, SAHIL PATHRA, P.S. TANUPPA, DISTRICT GAYA. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HUMAN RESOURCES AND DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR ELEMENTARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, GAYA. 4. THE DISTRICT MAGISTRATE, GAYA. ------------------------------------------------------------------------------------------------ RESPONDENTS ******** 3 8.12.2010 Petitioner is claiming promotion to the post of Headmaster as well as a higher scale of pay. The petitioner was initially appointed as an Assistant Teacher on 20.12.1977. One of the reasons for claiming that the petitioner is entitled for a higher scale/post of a Headmaster, is that a person junior to him namely Sheo Jatan Sharma of Jehanabad was posted as a Headmaster in Middle School, Hazipur, Kako, District Jehanabad. I may make it clear that merely because one or the other person was promoted to a higher post, this Court would not pass an order perpetuating an illegality which has already been committed. However, this 2 aspect of the matter has to be considered by the concerned authorities. The petitioner has already filed a representation which has not been disposed of. In the result, I direct that the petitioner may file a fresh representation before the Director, Primary Education, Government of Bihar, Patna who will dispose of the same within four months of the filing of the representation. The petitioner is directed to file his representation within eight weeks on receipt of a copy of this order. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)