IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9818 of 2003 Ramawatar Paswan, Son of late Mathuri Paswan, Resident of Village Chausa, P.S. chausa, District Madhepura, at present posted as Assistant Teacher, Stronat Adhya Vidyalay Kheraho, under Puraini (Alamnagar) Block, district Madhepura. --------- Petitioner Versus 1. The State of Bihar. 2. The Director, Primary Education, Bihar, Patna. 3. The District Magistrate-cum-Chairman, District Establishment Committee, Madhepura. 4. The District Superintendent of Education, Madhepura. 5. The Block Education Extension Officer, Alamnagar, District Madhepura. -------- Respondents ----------- 3 13.09.2010 Having heard Mr. Bhola Prasad, learned counsel for the petitioner and counsel for the State as with regard to the following prayer:- “1(a) An appropriate writ preferably in the nature of certoria for setting aside the order dtd. 7.3.2000 contained in Memo No. 533-3 issued by Respondent District Superintendent of Education Madhepura as contained in Annexure-8 by which the claim of the petitioner for his promotion in the pay scale of Graduate Trained/Head Master, has illegally been rejected. B. A MANDAMUS commanding and directing the Respondents to consider the case of the 2 petitioner in the higher scale of pay properly and to grant the same since the date when his Juniors have been given such benefits.” this Court is of the considered opinion that now the issue with regard to grant of B.A. Trained Scale of Pay has to be gone into in the light of the direction given by this Court in the judgment of Full Bench in the case of Ram Nath Prasad Singh Vs. The State of Bihar & Ors. reported in 2009(3)PLJR 384. That being so, the competent authority i.e. the District Education Establishment Committee through its Secretary, District Superintendent of Education is required to take an appropriate decision also in the case of the petitioner without being influenced by the earlier impugned order rejecting the claim of the petitioner. It is, however, made clear that the petitioner’s entitlement for grant of B.A. Scale of Pay will be strictly in accordance with the new gradation list, which has to be prepared by the authorities in the light of the direction of this Court in the case of Ram Nath Prasad Singh (supra). However, such an exercise must be completed within a period of six months from the date 3 of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)