IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.799 of 1997 Ramanand Roy, son of late Keshwar Roy, resident of Village- Jethuli, Police Station- Fatuha, District- Patna, at present working as Assistant Teacher in Middle School, Lal Kothi, Dinapur. ------Petitioner. -Versus- 1. The State of Bihar through the Secretary, Human Resources Development, New Secretariat, Patna. 2. The Director, Primary Education, Human Resources Development, New Secretariat, Patna. 3. The Commissioner, Patna Division, Patna. 4. The Regional Deputy Director, Patna Division, Millar High School Patna. 5. The District Magistrate, Patna. 6. The District Superintendent of Education, Patna. 7. Sri Rajendra Pandey, at present working as Headmaster, Middle School, Bahuara, Parsa, Patna. 8. Sri Ekbal Hussain, at present working as Head Master, Middle School, Ishopur, Phulwari Sarif, Patna. 9. Sri Ram Lagan Prasad Singh, at present working as Head Master, Middle School, Sampat Chak, Parsa, Patna. 10. Chandra Sekhar Prasad Singh, at present working as Head Master, Middle School, Bakar Ganj, Kohama, Fatuha, Patna. 11. Sri Shashi Sekhar Prasad Singh, at present working as Head Master, Middle School, Alabalpur, Fatuha, Patna. Respondent nos. 7 to 11, C/O Director, Primary Education, Government of Bihar, Patna. -------Respondents. ----------- For the Petitioner : Mr. Hamendra Prasad Singh, Advocate. For the Respondent No.10 : Mr. Rajendra Pd. Singh, Sr. Advocate. For the Respondent Nos. 8 and 9 : Mr. D. K. Sinha, Sr. Advocate and Mr. Anil Kumar Singh No.1. For the Respondent-State : Mr. Shashi Shekhar Pd. Singh, J. C. to G.P. IX. ----------- 8. 27.11.2008. The petitioner has come before this Court for the third time seeking enhancement of his scale to I.A. trained scale and B.A. trained scale. The petitioner was appointed as an Assistant Teacher on the Matric Trained scale on 16.1.1967. Thereafter he increased his qualification and passed the I.A.examination on 30.4.1971 and - 2 - Graduation examination on 15.7.1977. In the year 1992 the petitioner for the first time made a representation that he should be given the I.A. trained scale and B.A. trained scale. His representation remained pending and thus he moved this Court by filing a C.W.J.C. No.321 of 1992 which was disposed of on 5.2.1992 with a direction to the Director, Primary Education, Human Resources Development Department, Bihar, Patna, to look into the grievances of the petitioner and dispose of his representation by a reasoned order within three months from the date of receipt of a copy of this order. The representation of the petitioner was rejected by the Director, Primary Education, Human Resources Development Department, Bihar, Patna, on 20.5.1992 which is contained in annexure-3. While rejecting the application of the petitioner, the Director has indicated that it appears that several persons were wrongly given the I.A. trained scale and B.A. trained scale although they were not entitled to receive the same. However, the Director has observed that there are about 1124 persons who are senior to the petitioner and if the petitioner was to be granted I.A. trained scale/ B.A. trained scale prior to considering the cases of other persons who were senior to him, it would amount to perpetrating an illegality. The petitioner being aggrieved by annexure-3 moved this Court again by filing a C. W. J. C. No. 1387 of 1993 which was disposed of on 14.5.1993. This Court while disposing of the writ application of the petitioner has observed that“it is well settled that the - 3 - Assistant Teachers are not entitled to be promoted to the post of a higher scale merely by improving of their educational qualification. The higher degree itself makes them eligible for consideration of such promotion. The grant of promotion to the post of a higher scale depends on several factors like the eligibility, position in the gradation list, the availability of the post and the policy and rules of the government. Accordingly, this Court directed that the petitioner should file a representation before the authorities for consideration of his claim.” The petitioner filed a representation which remained pending, which led the petitioner to come once again to this Court by filing a contempt application which was numbered as M. J. C. No. 72 of 1994. The contempt application was disposed of with an observation that the petitioner should file an appeal under the 1993 rules. Accordingly, the petitioner filed an appeal which was dismissed on 6.2.1996 on the ground that it was time barred and on the ground that it was not properly presented. The petitioner has been agitating for grant of a higher scale, as according to him, although he has been working as an Assistant Teacher since 1967 in a school managed by the Zila Parishad prior to being taken over by the Government. No promotion has ever been granted to him. From the entire pleadings and the orders of the Director, it appears that several persons were waiting and agitating for grant of I.A. trained scale and B.A. trained scale due to one reason or the other. - 4 - It is contended that the petitioner’s case was never properly considered. The Director, Primary Education, Bihar, Patna, ought to have considered whether the vacancies were available between 1977 to 2000 and whether the petitioner according to the gradation list was entitled to be promoted against the said vacancy. I find there are several writ applications pending in which similar grievances have been raised by a number of persons who have been receiving the Matric trained scale through out their career and their cases for grant of a higher scale have not been considered by the Education Department, like the present one. All these matters relate to the period before 1980 and till now the State has not come out with a proper affidavit annexing the gradation list number of vacancies yearwise to show that they have been applying their mind and granting promotion to the persons who were entitled to receive the same. I accordingly, direct the Director, Primary Education, Human Resources Development Department, Bihar, Patna, to look into the grievance of the petitioner and pass a speaking order taking into the account the placement of the petitioner in the gradation list and the vacancies available during the period 1977-1981.The order should be passed within a period of two months on receipt/production of this order. A copy of this order also be sent to the Principal Secretary, Human Resources Development Department Bihar, Patna, so that he may examine the reasons as to why the higher scales have not been granted to the persons who had increased their qualifications so that - 5 - this Court may receive proper assistance from the Department in the cases pending before it This writ application is disposed of with the aforesaid observations. U.K. (Sheema Ali Khan,J)