IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10944 of 2008 Md.Ramjan Ahmad, son of Talib Hussain, resident of village Manjhaul, P.S. Nauhatta District Saharsa, at present working as Assistant Teacher in Middle School Birgaon, Anchal Mahishi, District Saharsa………………………………………………………Petitioner Versus 1. The State Of Bihar. 2. Principal Secretary-cum-Commissioner, Primary Secondary and Adult Education, Govt. of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. 4. The District Magistrate, Saharsa, District Saharsa. 5. The District Superintendent of Education, Saharsa, District Saharsa………………………….Respondents -------------- For Petitioner: M/s Sharda Nand Mishra & Dhananjay Kumar Gupta, Advocates For State: Mr. Narendra Kumar, A.C. to S.C. 22 2 20.09.2011 Heard learned counsel for the petitioner as well as learned counsel for the respondents. In this writ application petitioner has prayed for quashing of the order of the District Superintendent of Education dated 29.01.2005, as contained in Annexure-7, by which representation filed by the petitioner in the light of earlier orders of this Court in his case has been rejected. The grievance of the petitioner was that his juniors had been granted graduate 2 trained pay-scale and pay scale of Headmaster ignoring his case. Hence, this Court directed the petitioner to file a representation disclosing the names of juniors for consideration by the District Superintendent of Education. In his order, the District Superintendent of Education has found that persons named by the petitioner were either of different category or the orders for grant of promotion on higher pay to them had since been cancelled, vide Memo No.680-100 dated 09.04.2001. Hence, he found that petitioner was not entitled to the grant of higher pay-scale and, therefore, rejected his representation. Learned counsel for the petitioner submits that the said order contained in Memo No.680-100 dated 09.04.2001 has been quashed by this Court in subsequent writ application preferred by some aggrieved party. He submits that thereafter those persons named in the order have continued in the higher pay-scale and have also been promoted in the scales for Headmaster. However, he has not been able to produce 3 the order of this Court by which the said Memo is said to have been cancelled. In the circumstances, liberty is granted to the petitioner to file a fresh representation before the District Superintendent of Education, Saharsa producing orders of this Court of cancellation of the said Memo and also producing specific documentary evidence of his juniors being placed in the higher pay-scale and in the pay-scale of the Headmaster. If he does so, the District Superintendent of Education, Saharsa shall consider the case of the petitioner and examine his entitlement for grant of higher pay-scale and promotion, in the light of the cases cited by him. If he himself finds that there is no distinguishing features between the cases of the petitioner and those named by him, he shall take steps for grant of similar relief to the petitioner also. This exercise should be completed by the District Superintendent of Education preferably within three months from the date of filing of the representation. 4 The writ application is disposed of with the aforesaid observations and directions. B.T. (J.N. Singh, J.)