IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8654 of 1993 1. Sheo Chandra Prasad Navin, son of late Jamna Prasad Rai, resident of Village Dhamoul, P.S. Patori, District Samastipur, at present Assistant Teacher, Middle School, Chaksalim, Anchal Morwa, District Samastipur. 2. Mohan Prasad Rai, son of late Ram Babu Rai, resident of Village Bhauah, P.S. Patori, District Samastipur, presently posted as an Assistant Teacher, Middle School, Nayar Anchal, Morwa, District Samastipur. ---------- Petitioners Versus 1. The State of Bihar. 2. The Director, Primary Education, Vikash Bhawan, Patna. 3. The District Education Establishment Committee, Samastipur through its Chairman, the Collector, Samastipur. 4. The District Superintendent of Education, Samastipur. 5. Shri Khwaja Gulam Rasool, son of name not known to the petitioners, then District Superintendent of Education, Samastipur at present District Education Officer, Darbhanga. 6. Sri Arun Kumar Singh, son of Shri Triveni Rai, resident of Village Supoul, P.S. Tajpur, District Samastipur, at present Headmaster, Middle School, Dhamoul, Anchal Patori, District Samastipur. ---------- Respondents ----------- 15 23.6.2011 Having heard Mrs. M. Chatterjee, learned counsel for the parties and Mr. Tej Bahadur Singh, learned AAG-7 as also Mr. S.S. Mishra, AC to AAG-7 and taking into account that the following relief prayed in this writ application:- “1. That this is an application for issuance of a writ in the nature of certiorari to quash the office order contained in memo no. 6947- 7128 dated 3.7.1993 issued under the signature of the District Superintendent of Education, Samastipur, whereby pursuant to the 2 decision of the District Education Establishment Committee, Samastipur, held in its meeting dated 18.6.1993, several persons have been granted promotion to the post of Headmaster in the pay scale of Rs. 2000/- to Rs. 3,500/-, who were working in the pay scale of Trained Graduate ignoring the rightful claim and seniority of the petitioners and for issuance of a consequential writ in the nature of mandamus directing and commanding the respondents to consider the case of the petitioners alongwith the all eligible persons for the promotion to the post of Headmaster pursuant to the new Rules framed by the Government for grant of promotion to the Teachers of the Elementary Schools on the post of Headmaster and for issuance of an appropriate writ, order or direction for which the petitioners are found legally entitled to in the facts and circumstances stated hereunder.” has for all purpose become academic if not infructuous, inasmuch as, the Full Bench of this Court in the case of Ram Nath Prasad Singh Vs. State of Bihar & Ors. Reported in 2009(3)PLJR 384, while interpreting the relevant 1993 Rules, has gone to hold that promotion on the post of Headmaster would be 3 solely dependent on the date of promotion as a Graduate Trained Teacher. Considering this aspect of the matter, the Full Bench has further directed for preparation of a fresh seniority list. Thus, in view of the subsequent development as noted in the judgment of the Full Bench of this Court in the case of Ram Nath Prasad Singh (supra), this Court would find that the earlier claim of the petitioners for their promotion in preference to the case of the respondent no.6, namely, Sri Arun Kumar Singh would loose its significance, inasmuch as, now the respondents are required to prepare a fresh gradation list. Mr. Tej Bahadur Singh, learned senior counsel would submit that in some of the district such gradation list has already been issued but he is not aware of the gradation list of the district of Samastipur. He, however, assures this Court that the case of promotion of the petitioners vis-à-vis private respondent no.6 would be once again looked into on the basis of the seniority 4 determined in the fresh gradation list. It is, however, made clear that if in course of preparation of a fresh gradation list, it is found that the petitioners or any one of them would rank senior as a Graduate Trained Teacher vis-à-vis respondent no.6 and the respondent no.6 has been allowed to reap the benefit of promotion of the post of Headmaster from an earlier date, the petitioner or any one of them found to be senior to the respondent no.6 will also be given the same benefit at least from the day such promotion was given to the respondent no.6. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)